Re:Rand Paul: NSA Routinely Monitors Americans’ Communicatio...
by fnordfnordfnord on Monday March 13, 2017 @06:14PM
(#13862973)
>I suspect those are constitutional when the are properly targeted to a specific event/person/etc. The tactics used to implement the search isn't limited by the warrant.
Almost every no knock is executed in such a way that 'proper' targeting is impossible.
A warrant cannot magically excuse police from their improper conduct. It took a deaf dumb blind and ignorant bench for that.
The violation of personal rights is allowed, because of specific reason ("probable cause"), in a particular place, limited to specified people or things. These limitations slow down the application of power and (hypothetically) create opportunities to fight back when authority is exceeded.
> no-knock warrants
I suspect those are constitutional when the are properly targeted to a specific event/person/etc. The tactics used to implement the search isn't limited by the warrant.
> secret warrant
That's may be a problem, but it may depend on the specifics.
> what's really stopping them from getting a warrant
Generally nothing, but that's the wrong question. If police are making many requests for specific warrants, that's the warrant system working as intended.
However, playing word games to pretend wiretapping everybody isn't "seizing" data until an agent looks at it is exactly the type of general warrant that is banned by the 4th Amendment.