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The State has not always been able to do that. The idea that a search can be executed merely for the purpose of collecting evidence is a relatively recent devel
by lmkg 7y ago
The State has not always been able to do that. The idea that a search can be executed merely for the purpose of collecting evidence is a relatively recent development. Records, papers, etc. used to be protected under the Fourth Amendment.
https://en.wikipedia.org/wiki/Mere_evidence_rule https://en.wikipedia.org/wiki/Mere_evidence_rule
In broad strokes: Originally, the Fourth Amendment only allowed for the seizure of stolen and counterfeit goods, the "fruits of a crime." This was slowly expanded to include the "instrumentalities" of a crime, i.e. the things used in the commission of a crime. The difference between the instrumentalities and mere evidence was always shaky, and eventually crumbled.