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It is ironic that you bring up the law, because the law … which supersedes any law produced by a wannabe feudal fiefdom like LA, is the Fourth Amendment to the
by sokamyung 7y ago
It is ironic that you bring up the law, because the law … which supersedes any law produced by a wannabe feudal fiefdom like LA, is the Fourth Amendment to the Constitution, specifically "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated". Please note the "shall not be violated", which is a critical point that is missed about the Bill of Rights in particular, that this right that is referenced in the 4th Amendment is a natural, God given right, which the 4th Amendment prohibits the government from, in this case, violating, or, in other amendments infringing on.
It is seemingly often if not always overlooked that the Bill of Rights it not actually a bill of rights at all, it is a bill of prohibitions on the government, or a bill of rights by negation of offenses against them. From what I can tell, that notion of negative rights, i.e., open ended rights bound by the prohibition of government from violating them, is singularly unique in the whole world.
I would appreciate if someone could point out an example of them same, especially as part of the most fundamental law that governs a state, which even supersede the Constitution itself, a kind of meta-Constitution; natural, God given law that supersedes all Constitutional rights and all powers of government.
- icebraining 7y agoIn practice, courts have said that if you give your papers to a third-party (in this case, Uber), you have no expectation of privacy and a warrant isn't needed: https://en.wikipedia.org/wiki/Third-party_doctrine https://en.wikipedia.org/wiki/Third-party_doctrine
- sokamyung 7y agoYou do realize the massive amount of abuse that opens up, right? So because you have ever given your "papers" to anyone in your whole life, therefore you have not expectation of privacy? Seriously, I would love to know why you find that to be a perfectly fine thing, especially today when current abuses are built on presumptions based on a totally different world where "giving your papers" literally meant giving your unique paper to someone and it then would not simply be reproduced billions of times and spread all throughout the world for anyone and everyone's use against you. I really hope that since you are here, it is not a challenge for you to realize the massive issues here at stake. Think about what that means in practice … it's literally a mass surveillance state that violates every single tenet and even essentially every clause of the Constitution when, e.g., courts of uninformed and uneducated judges rule that "no, the real time constant surveillance and tracking of you through your devices is actually NOT a violation of the letter and, more importantly, the spirit of the 4th Amendment." How are you secure when you are literally under constant surveillance by a surveillance state, my friend. I don't know why you types tend to have this kind of submissive and supplicant attitude towards the massive surveillance state, if it's not some sick self-hatred and self-punishment complex, but it is not a healthy mentality to have to make excuses for the mass surveillance and control by a minority of tyrants that lord over you as unaccountable demigods. How does that make any sense. I would love if you could try to explain that to me.
- icebraining 7y agoI'm telling you what the courts consider. I have no idea why you think I find it fine. The fact is that the 4th amendment is only a protection insofar as you can get it enforced by those with power to do so, and that's the courts.