11

What Does “the Place to Be Searched” Mean?

Posted by $ AJAshinoff 7 years, 7 months ago to Government
33 comments | Share | Flag

Interesting read and raises some questions


All Comments


Previous comments...   You are currently on page 2.
  • Posted by Herb7734 7 years, 7 months ago
    This is the realm of scholars. I don't think that anyone else cares very much. The addition or lack of an S or the reason something is singular or plural in a document in use for over 200 years doesn't excite me. So....what happens if the founders had some certain intent that isn't very clear, if they had a point, you'd think they'd be very clear in order to make it. Or do you think it's just a typo?
    Reply | Permalink  
  • Posted by CaptainKirk 7 years, 7 months ago
    Simply Put. we must ASSUME the specific words were NEVER chosen by random in our constitution.

    For had they been, you would have seen, in writing, lazy wording... And furthermore a reference as to HOW to bend/twist and torture those definitions.

    The latter have ONLY been supplied by the Activist Judges of the Modern Era...

    FWIW: We should have the death penalty for Activist Judges! (They are, after all, killing our country!)
    Reply | Permalink  
  • Posted by ewv 7 years, 7 months ago
    So far 'place' is still restricted to the planet. In the Justice Department's case against Microsoft it seems to be anywhere in the world.

    https://blogs.microsoft.com/eupolicy/...

    "A few weeks ago, we won a major victory for our European customers in a lawsuit we brought against the US Department of Justice. A US court of appeals ruled that US search warrants do not reach our customers’ data stored abroad."

    "Armed with extensive legal research, we challenged a criminal search warrant for an email stored in our Irish data center issued by a US court pursuant to the US Electronic Communications and Privacy Act, and its Stored Communications Act provisions. We lost in the federal court that issued the search warrant, and in fact Microsoft was held in contempt of court. We appealed to the decision to the federal appeals court, and on July 14 we prevailed. The court ruling provides a robust legal analysis that relies strongly on a recent ruling by the US Supreme Court on the extraterritorial reach of US laws."

    Microsoft wins landmark Irish data slurp warrant case against the US: Uncle Sam's data hoovering must stop at its borders, court rules https://www.theregister.co.uk/2016/07...

    Microsoft wins landmark appeal over seizure of foreign emails http://www.reuters.com/article/us-mic...

    But no mention in these articles of Constitutional limitations.
    Reply | Permalink  
  • Posted by $ Abaco 7 years, 7 months ago
    Oh, this reminds me! The other day I was going through the airport in St Louis and saw a desk/podium setup with a big sign over it saying something like "Free Speech Zone". I was blown away. What kind of sheeple need that? So, I had my buddy take a picture of me standing at it looking like I'm having a rant. That photo won't be available on public media... Very 1984ish...LOL
    Reply | Permalink  
  • Posted by CircuitGuy 7 years, 7 months ago
    To me it clearly says what OlduglyCarl and edweaver say: It's trying to avoid any broad fishing expedition. It doesn't have to specify a specific drawer, for example, but if the warrant is to search a house for a muder weapon, it does not give them the right to seach financial records. It's a specific search.
    Reply | Permalink  
  • Posted by $ Olduglycarl 7 years, 7 months ago
    More than just your address I would venture. Like: Under the Floor Boards, Dresser Draws, the wood shed or today, computer hard drive?..is it as simple as that?
    Oh...I left out the TSA...they revised it to mean: All places to be searched!
    Reply | Permalink  
  • Posted by edweaver 7 years, 7 months ago
    It's my understanding that a search warrant is to be very specific in the place to be searched as well as what may be searched for.
    Reply | Permalink  

  • Comment hidden. Undo