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What protection is that? Search and seizure is not about privacy; it's about physical intrusion into personal space. Had they meant to address intrusion into
by DonGateley 13y ago
What protection is that? Search and seizure is not about privacy; it's about physical intrusion into personal space. Had they meant to address intrusion into abstract privacy they would have.
- nhaehnle 13y agoIt's easy to argue that abstract privacy as a concept separate form physical privacy simply did not exist at that time in history because of a lack of electronics. A corollary is that they probably would have added abstract privacy if they had had the benefit of hindsight.
- DonGateley 13y agoOh, it certainly existed. Conspicuously no stricture on unwarranted spying for purposes of investigation was stated and that had to be read into it later by the courts (which I consider juristic legislation.) It's not clear to me that the framers didn't intend to reserve that right for investigation. I'm not saying it is wrong to restrict it, just that the constitution should have been so amended for it to be considered a constitutional question.