where do you think "search and seizure" guidelines should be drawn for all U.S. citizens
2007-09-13 07:06:18 · 4 answers · asked by jelly2000 2 in Politics & Government ➔ Law & Ethics
Back to where they were in 2000, before the Patriot Act allowed for FBI "sneak and peak" secret searches of homes without informing the occupants.
2007-09-13 07:19:43 · answer #1 · answered by blindcuriosity 2 · 1⤊ 0⤋
These lines have been clearly drawn by the Supreme Court. Usually law enforcement needs either a warrant, probable cause, or consent from the party to conduct a search. Here is a simple example of probable cause. If you get pulled over and the officer sees a bong in your backseat, they probably will search you and your car for drugs and this search would be legal.
There are some exceptions. Usually in order to obtain a driver's license you must consent to take a blood-alcohol test if asked. If your business works in an industry that is highly regulated like alcohol, firearms, tobacco, chemical processing, etc. you have limited rights to freedom from search and seizure.
2007-09-13 07:17:21 · answer #2 · answered by msi_cord 7 · 0⤊ 1⤋
I think they are drawn pretty well now - as long as both sides abide by them. It is illegal to search specific property unless there is "cause". This prevents searches of people for no reason.
I can't think of a better way to draw the lines than it is now.
2007-09-13 07:13:58 · answer #3 · answered by mj69catz 6 · 0⤊ 1⤋
Us Constitution
Article 1 Section 9
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
__________________________
Unless we are under invasion or rebellion or in cases or probable cause Habeas Corpus shall not be suspended.
Pretty sure Sept 11th and future terrorist attacks constitute an invasion.
The Patriot Act is Legal. No matter what liberals say.
2007-09-13 07:19:27 · answer #4 · answered by WCSteel 5 · 0⤊ 2⤋