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Actually, the right to privacy has nothing to do with whether a law is just or unjust. I think we'll see an element of that creep into the law as they very conc
by markstansbury 16y ago
Actually, the right to privacy has nothing to do with whether a law is just or unjust. I think we'll see an element of that creep into the law as they very concept of privacy erodes. But the basic idea behind privacy in the Fourth Amendment search-and-seizure context is that police ought to be subject to oversight (by the courts) so that they don't become a menace.
Incidentally, the problem with search-and-seizure jurisprudence is that every time the Supreme Court hears a case on the subject the defendant IS guilty--the debate is over whether the evidence of guilt is admissible in court. That makes it hard for the Court to turn a blind eye so they tend to expand the law in favor of the police every time they get a new case. The alternative is to free a known criminal. It takes guts to hold police to a principle when the immediate result is to free a criminal.
- nimai 16y agoThis is exactly what I mean when I say the right to privacy is obsolete - by itself, it's no longer capable of protecting the freedoms it was originally intended to preserve. We need something better.
- tptacek 16y agoWhat right to privacy? Privacy is a very simple word. It occurs nowhere in the Constitution.
- markstansbury 16y agoIt may appear nowhere in the constitution, but that doesn't mean it isn't constitutionally protected. The substantive due process protections of the 14th Amendment extend heightened protection to a number of rights. Privacy is one of them. Marriage is another. There are plenty more. In addition the 4th Amendment has its own privacy implications.