Friday, December 28, 2012

Only 12 Senators Seem to Believe in the 4th Amendment

Rand Paul had recently introduced the 4th Amendment Preservation and Protection Act, which essentially just reiterated our 4th Amendment protections against unreasonable search and seizure.  Of course, it was defeated by a vote of 12 yeahs to 79 nays.  It's stunning how people have completely forgotten our constitutional protections.  If this is an example of bipartisan cooperation, I want no part of it. 

Just a reminder, here is the text of the fourth amendment:
 
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.

Seems pretty clear.  You can't just do a search without a warrant, which has to be based upon probably cause.  And here is the text of the key portions of the 4th Amendment Preservation and Protection Act:

Congress finds that the right under the Fourth Amendment to the Constitution of the United States of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures is violated when the Federal Government or a State or local government acquires information voluntarily relinquished by a person to another party for a limited business purpose without the express informed consent of the person to the specific request by the Federal Government or a State or local government or a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 

...
 
The Federal Government or a State or local government may obtain, and a court may admit, information relating to an individual held by a third-party in a system of records if--
    (A) the individual whose name or identification information the Federal Government or State or local government is using to access the information provides express and informed consent to the search; or
    (B) the Federal Government or State or local government obtains a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

ll seems pretty consistent right?  The government can't just snoop on you because it feels like it, not without probably cause and a warrant.  Unfortunately, the vast majority of the Senate doesn't seem to like the 4th Amendment and the Supreme Court is nowhere to be seen.  What's happened to this country?

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