Re:Judge orders Google to turn over a full year of actor’s data
by lmkg on Wednesday January 08, 2020 @10:42PM
(#21998370)
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.
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.
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.