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What is the purpose of a search warrant if it doesn't gate searches? Supreme Court case law has generally upheld that a citizen's privacy is not to be invaded w
by bagacrap 7y ago
What is the purpose of a search warrant if it doesn't gate searches? Supreme Court case law has generally upheld that a citizen's privacy is not to be invaded without a search warrant.
"Any assumption that evidence sufficient to support a magistrate's disinterested determination to issue a search warrant will justify the officers in making a search without a warrant would reduce the Amendment to a nullity and leave the people's homes secure only in the discretion of police officers.''
- tptacek 7y agoThat's really not at all true; there are lots of searches that deeply invade privacy and don't require a search warrant, including border searches, administrative searches at airports and courthouses, and searches incident to arrest.
- Supermancho 7y agoYou are confusing different concepts of frequency/scope and comparing. All air travelers being individually searched vs a single individual case of private investigation into property are 2 equal cases, for the purposes of law. The number of people affected may eventually normalize the acceptance of behavior, but is otherwise a singular legal situation.
- tptacek 7y agoIt's clearly not singular, since I listed other broad classes of intrusive search, including one, search incident to arrest, that is individualized and every bit as intrusive as a warrant-based search.