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The “Road to Hell”

Filed under “Privacy,” “Technology & the Law,” and “Politics
by Adam at 1:12 AM on March 29, 2004

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In a decision that will almost certainly end up being overturned on appeal, a lower federal court in New Orleans has essentially repealed the Fourth Amendment protection against “unreasonable searches and seizures” by opening the door to police searches without a warrant. Two dissenting judges called the ruling a “road to Hell.”

This goes against over two centuries of case law and Supreme Court decisions, and I can’t imagine that it will stand up under further judicial scrutiny. Nevertheless it serves as a prime example of why we must always be diligent in defending our Constitutional rights against those who would erode them, no matter how good their intentions.

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.

The Fourth Amendment to the Constitution of the United States of America

(citations: One Fine Jay and FindLaw)

Adam is a web developer and graphic designer who lives and works in south-central Kansas. He likes to speak his mind, both here and in his business blog. He only rarely writes about himself in the third person, honest. If you’d like to work with Adam, drop him a line.

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