Dec 30 2005
Here is a great discussion of legal warrantless searches, which combined with the basic fact the Constitution, and the powers it subscribes to the President, supercedes any legislation out of Congress (hing: FISA) results in a really bad year to come for the impeachment crazed left.
Several types of search and seizure have long been considered appropriate under the Fourth Amendment, even when not supported by warrant. In particular, the principle of “hot pursuit” has been applied, where, if the police are chasing a fugitive and they see him take refuge in your house, they can enter your house without a warrant and make an arrest. In addition, searches of your person and effects at airports, courthouses, and other public buildings are considered reasonable because of the security threat, and because you’re voluntarily entering the area that requires the search. So, warrantless searches are legal if they’re considered “reasonable.”
Now, if you re-read the Fourth Amendment, you’ll see that it applies to your “person, house, papers, and effects,” but not to your communications. However, in 1967, an activist Supreme Court twisted the constitution to make it say what they thought it should say. Since then, warrants are required for some wiretaps. It seems that the Supremes assumed that the Founding Fathers didn’t mention communications in the Fourth Amendment because there were no communications in 1789, not realizing that the Constitution expressly authorized Congress to set up the Post Office without making mail secure from government snooping. Be that as it may, in the 1967 case, the Supremes noted that warrant requirements do not apply to issues of national security.