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The 4th Amendment

The Bill of Rights was written to be understood by the common man. Special interests and their lawyers have spent a lot of money and time to interpret the plain meaning out of the words.

http://caselaw.lp.findlaw.com/data/constitution/amendment04/

U.S. Constitution: Fourth Amendment
Fourth Amendment - Search and Seizure
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.

http://caselaw.lp.findlaw.com/data/constitution/amendment04/05.html#1
http://caselaw.lp.findlaw.com/data/constitution/amendment04/05.html#3

Federal Communications Act .--Six years after the decision in the Olmstead case, Congress enacted the Federal Communications Act and included in Sec. 605 of the Act a broadly worded proscription on which the Court seized to place some limitation upon governmental wiretapping. 133 Thus, in Nardone v. United States, 134 the Court held that wiretapping by federal officers could violate Sec. 605 if the officers both intercepted and divulged the contents of the conversation they overheard, and that testimony in court would constitute a form of prohibited divulgence. Such evidence was therefore excluded, although wiretapping was not illegal under the Court's interpretation if the information was not used outside the governmental agency. Because Sec. 605 applied to intrastate as well as interstate transmissions, 135 there was no question about the applicability of the ban to state police officers, but the Court declined to apply either the statute or the due process clause to require the exclusion of such evidence from state criminal trials. 136 State efforts to legalize wiretapping pursuant to court orders were held by the Court to be precluded by the fact that Congress in Sec. 605 had intended to occupy the field completely to the exclusion of the States. 137

Posted by: Repeal   Posted on: 07/08/06 You are currently: a Guest | Members login | Terms of Use

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