4 ms·
There's a huge difference between incarcerating someone and getting a warrant for their phone records. Your analogy is made less relevant by the fact that if a
by 5trokerac3 7y ago
There's a huge difference between incarcerating someone and getting a warrant for their phone records. Your analogy is made less relevant by the fact that if a woman is murdered they very likely would get a warrant for her partner's phone records.
Where the 4th amendment applies here is if any evidence of a different crime were found while looking for information on the first. If the phone records were acquired by a warrant, that evidence would not be admissible in court.
- braythwayt 7y agoNot at all, you said the magic word: “Warrant.” A warrant involves judicial oversight. Warrantless searches do not.
- 5trokerac3 7y agoIt is your responsibility to protect your 4A rights. This is why you never let the police in your house without a warrant. Inviting them in allows them to search and charge you based on anything they find. Step outside and talk to them if they want to interview you, and password protect your phone and demand they get a warrant if they want to look at it.
- braythwayt 7y agoAbsolutely true, but it is not your sole responsibility to project justice. Society also should enact regulations and oversight to prevent the police from coercing people into forgoing their rights. That’s why there is the Miranda warning, for example. You should know and protect your rights. Yes. AND the police should not as a matter of course attempt to coerce you into giving them up.