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Post by NamelessStain on Dec 17, 2013 12:18:46 GMT
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Post by Gingerbread Man on Dec 17, 2013 12:50:45 GMT
Yeah, weird, ruling this unconstitutional. This is clearly a blanket drag net of eaves dropping. I've heard the arguement as to why they can do this is because the FCC controls the airwaves and electronic communications. Well, my counter argument is controlling and regulating does not constitute ownership nor the right to violate the 4th amend. I've also heard that they're able to do this because the phone company who provide the service actually own the phones and the devices that transfer the calls and messages. That argument is equally incorrect because a 3rd party can not allow another party to violate someone's 4th amendment right. If this were the case than the police could have a blanket agreement with the car rental agencies and the airlines to search their vehicles at will. Or on the lines of electronic communications, how about our internet useage? Most of us rent our modems, most of us pay for a service, does this mean that our use of the internet is subject to monitoring because we don't own the signal? No. Futhermore, any rental property or any bank owned home that you pay mortgage on would be subject to searches with a blanket agreement with with banks or land lords. This is not the case and the 4th A does protect us at all times, whether we own the item or rent it. The 4th A clearly states we are not to be searched without reasonable cause and this applies to our devices. It states "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." If a cell phone is not an "effect", I don't know what is.
I believe that is is a case of do as much as you can until you get caught and violate until you are told to stop. I believe the spirit and rule of the constitution should at all times be supported because if this isn't done, what's the point. You can't destroy freedom and violate all of it's tenants to protect it. There will always be external threats to freedom. That doesn't mean we should become another threat to freedom to protect that freedom.
Go get a warrant, fellas.
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