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I've long believed that the best way to interpret this part of the 4th Amendment is that people have a right to be free of scrutiny unless there's a reason to s
by CWuestefeld 12y ago
I've long believed that the best way to interpret this part of the 4th Amendment is that people have a right to be free of scrutiny unless there's a reason to suspect something. If there's nobody with a legitimate belief that I'm doing something wrong, then nobody's got the right to poke into my business.
My interpretation yields a pretty simple rule; the path we've been following for some time yields lots of exceptions and subjective judgments.
- rayiner 12y agoThat's not an interpretation rooted in the text of the amendment. An equally simple rule is that the government needs a warrant whenever a search impinges on your property right (person, house, papers, and effects are all things you have a property right in).