Comment by Thomas Cooper (not verified), posted February 1, 2007 - 11:40am
The Court's argument is simple. The Fourth Amendment provides that "The right the of 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." The NSA program results in searches. The Fourth Amendment requires both that searches be reasonable, and that reasonable searches only be conducted pursuant to prior warrants, based upon prior existing probable cause, limited by particularity, and issued by a neutral magistrate.
The NSA has not done this, the District Court continued. Moreover, any claims based upon the language of Title III, the Foreign Intelligence Surveillance Act (FISA), or other statute or Presidential declaration are immaterial. The Constitution is the supreme law. Hence, the NSA program violates the Fourth Amendment.
The Court's argument is simple. The Fourth Amendment provides that "The right the of 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." The NSA program results in searches. The Fourth Amendment requires both that searches be reasonable, and that reasonable searches only be conducted pursuant to prior warrants, based upon prior existing probable cause, limited by particularity, and issued by a neutral magistrate.
The NSA has not done this, the District Court continued. Moreover, any claims based upon the language of Title III, the Foreign Intelligence Surveillance Act (FISA), or other statute or Presidential declaration are immaterial. The Constitution is the supreme law. Hence, the NSA program violates the Fourth Amendment.