Rand Paul: "Do we no longer have a Fourth Amendment?"

 

 

"The constitution is not a negotiable piece of parchment to be ignored or abused at the presidents whim" - Senator Ran Paul.

Fourth Amendment to the United States Constitution

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Via Washington Examiner

Eric Posner: "The NSA’s Metadata Program Is Perfectly Constitutional"

"The other side is that criminals can use technology today in a way they could not in the past. There were no jihadi websites in 1979. It was harder for criminals to transfer money or communicate instructions across borders. Bomb-making directions were not available on the Web."

"There are also major differences in public attitudes about privacy. People can more easily find out things about each other today than in 1979, thanks to the Web, and so people now expect strangers—including potential friends, mates, and bosses—to know more about them today than they did in the past. People can also more easily share personal information about themselves, and rather than refrain from doing so in order to protect their privacy, they enthusiastically post photos and videos of themselves on Facebook and other social media sites. Thus, it is possible that people’s sense of privacy is also greatly altered, as if the whole country moved from a big city to a small town, trading in the benefits of anonymity and independence for the advantages of community and security."

I get the feeling were are not going to "recognize ourselves" in 10 years.

Salon via Instapundit's notice of professor Eric Posner's new blog

"No person shall knowingly operate, possess, or use a vehicle with a hidden compartment..."

"The driver, 30-year-old Norman Gurley of Michigan, was pulled over for speeding. A highway patrolman noticed wires running to a secret compartment in the car and arrested Gurley, even though there were no drugs in the compartment..."

It makes no difference whether police find drugs or not, according to a new Ohio law that prohibits secret compartments.

“We apparently caught them between runs, so to speak, so this takes away one tool they have in their illegal trade,” said Lt. Michael Combs in a statement to local news. “The law does help us and is on our side.”

Driving a car is a privilege, I believe, although I'm not sure you give up your 4th amendment right while operating a vehicle. I know driving is a privilege because I've had it suspended in New Jersey. But, enough about me, this post is not about me.

What about the drug runner? is he up-worthy of 4th amendment rights? Or is this apparent exception justified in order to aid law enforcement ... It's for a good cause.

via Drudge tweet where I found little sympathy for the police power.