4 ms·
State or federal constitution?
by fhdkweig 3mo ago
State or federal constitution?
- OutOfHere 3mo agoIt is prohibited by the nation's Constitution which overrules all contained regions. The contained regions can add further restrictions, not lower them.
- fhdkweig 3mo agoI'm pretty sure that surveillance is not mentioned in the US Constitution. They didn't really have a concept of surveillance. Can you quote the line?
- deleted 3mo ago[deleted]
- OutOfHere 3mo agoThe Supreme Court has over multiple cases recognized that the collection of mass digital information can implicate Fourth Amendment protections. Here is the foundational line: > "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." It clearly says: The right of the people to to be secure in their persons and effects against unreasonable searches shall not be violated.
- fhdkweig 3mo agoWell the problem comes down to what is considered "unreasonable searches". When I think "surveillance", I think cameras on cars that photograph everything they pass by. The courts have again and again considered those to be reasonable with no expectations of privacy. And the trucks in this article are doing exactly that.
- DangitBobby 3mo agoWireless cell communications have no expectation of privacy?
- cwmoore 3mo agoHave you asserted or waived your rights? You may have the right to consult an attorney.
- OutOfHere 3mo agoConstitutionally granted rights cannot be waived, no matter what a legal agreement says.
- rationalist 3mo agoYou can certainly do so, such as waiving the right to a jury trial.
- OutOfHere 3mo agoYes. People can waive a trial altogether, even a trial by judge. It has to be done in front of a judge, and is limited to that trial for that person.
- cwmoore 3mo agoHigh certainty statement, where did you get that from?
- DangitBobby 3mo agoI certainly have no agreement with the Texas police or any government through which I could have waived any rights.
- estearum 3mo agoUhh FalcoNet doesn't photograph cars. It snoops telecom traffic. And no, SCOTUS has certainly not found that the government is allowed to just arbitrarily snoop telecom traffic.
- cucumber3732842 3mo agoUnder the 4th amendment which has been incorperated against the states in the 1960s.