Fourth Amendment Problems: Search & Seizure


In the old days, ay 50 years ago, this fairly simple right meant that police forces couldn't randomly burst into your home, find something technically against the law, and then charge you for it.  The principle is given lip service in a lot of crime shows. This author hasn't yet been invaded by the police, so it's still a relevant principle.


However, once again the forces of Big Government are enjoying the current move to weaken civillian rights while strengthening governmental powers, and the latest battleground is over digital data.


These problems overlap with the Fifth Amendment, so I will attempt to focus these discussions. On the Search & Seizure side, current trend is to disregard any rights to digital materials, and simple order them to be handed over. Then they are both Searched, for incrimination, and Seized, wherein they may not be returned intact for weeks or months, if ever, and if intact.


Here comes the funamental question of our time. If a government simply decides to weaken/not follow basic constitutional principles, then like the Division By Zero problem in Mathematics, there can simply be no order of law. Currently, this author perceives a growing problem with the simple disregard of basic law principles, at which point life is reduced to simply hoping not to be important enough to bother with. That is not a state to live in!