Except for the definition and mechanism of proving treason, no area of the Constitution addressing the rights of all persons when the government is pursuing them is more specific than the Fourth Amendment. The linchpin of that specificity is the requirement that the government demonstrate probable cause to a judge as a precondition to the judge issuing a search warrant. The other specific requirement is identity: The government must identify whose property it wishes to search or whose behavior it wishes to monitor, because the Fourth Amendment requires that all warrants specifically describe the place to be searched or the person or thing to be seized.
The principal reason for these requirements is the colonial revulsion over general warrants. A general warrant does not specifically describe the place to be searched or the person or thing to be seized, and it is not based on the probable cause of criminal behavior of the person targeted by the government.
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DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
The Fourth Amendment was obliterated and sent to the dustbin of history upon the enactment of the Patriot Act. But before THA,T the police acted like it didn't exist, anyway.
ReplyDeleteKeep cheering....
It went down the drain with the rest of our rights. Patriot Act was a big reason. Far right crazies and far left knuckle heads are reason two and three. People who think you have more of a right to shoot someone than to be protect from being shot by someone would come in a close fourth. The police becoming fund raisers instead of peace keepers is right up there. I think that's a good start.
ReplyDeleteActually it started under clinton remember the..twa 800 farce...congress passed in lighting speed the anti terrorism bill ..the patriot acts little brother..
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