2007-05-15 12:19:27 · 7 answers · asked by slim17 1 in Politics & Government ➔ Politics
It doesn't need exceptions. In past rulings (for example in the1970's), the Supreme Court indicated that the 4th amendment is flexible. It is not like the 2nd amendment.
FISA Judge Allen Kornblum is an expert on the subject.
Here is what Judge Kornblum said in congressional testimony.:
" The Supreme Court said that the Fourth Amendment was highly flexible, and that the standard for criminal, what they call ordinary crimes, what I would call traditional law enforcement, need not be the same as that for foreign intelligence collection, and that different standards for different Government purposes are compatible with the Fourth Amendment.
That decision served as the basis for the FISA statute."
http://www.fas.org/irp/congress/2006_hr/nsasurv.pdf
2007-05-15 12:22:19 · answer #1 · answered by a bush family member 7 · 0⤊ 1⤋
Thanks to the Patriot Act and thirty years of drug war legislation the fourth amendment is null and void. Try to find a case in the last thirty years where someone successfully used the fourth amendment as a defense. The police/courts/ or other govt. authority can search anything from your home to your bodily fluids pretty much whenever they wish.
2007-05-15 12:30:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
it already has one stated right in the 4th amendment:
'"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"
as long as the government can demonstrate sufficient probable cause, the 4th amendment may be violated
2007-05-15 12:30:35 · answer #3 · answered by Nick F 6 · 0⤊ 0⤋
ZERO.
The one--and only--reason for govennment officials to want an "exception" is for the express purpose of violating the civil rights and civil liberties of the American people.
2007-05-15 12:25:07 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Is this a law exam question? How detailed do you want to get...
Do you mean in terms of monitoring or seizing pursuant to the Patriot Act, or are you talking a kid with pot in his closet?
2007-05-15 12:22:46 · answer #5 · answered by Blackacre 7 · 0⤊ 0⤋
There should be no exceptions, that includes no knock warrants and that is coming from a big law and order guy
2007-05-15 12:25:55 · answer #6 · answered by sdrew33 3 · 1⤊ 0⤋
If you are a leagle Citizen then it should have no exceptions.
2007-05-15 12:23:58 · answer #7 · answered by invalid_screenname1 2 · 0⤊ 0⤋