Lou Pickney's Online Commentary
Search & Seizure
Friday
June 16, 2006
"This country is founded on the Bill of Rights which separates us from other countries. The last 25 years has seen a picking away at these basic rights. We have elected people who are using fear against us."
-Tampa attorney Barry Cohen
Two pretty major things happened yesterday that received little attention in the mainstream press. One is President Bush, who as of this writing has never used the power of veto on a single piece of legislation, signing into law a bill that raises the maximum fine that the FCC can levy against a radio station for alleged indecency (or profane material) from $32,500 to $325,000 per offense. Nevermind that the FCC is the judge, jury and executioner on these things, or that the premise of the FCC even having the authority to do so under the 1934 Communications Act is being challenged in court right now by two major television networks (NBC and FOX.) Remember, this is an election year! And indecency is an easy way to win over certain mindless blocks of voters.
The second item is far more frightening and profound. In a 5-4 ruling, with the deciding vote cast by newly confirmed justice Samuel Alito, the U.S. Supreme Court ruled that prosecutors could use evidence seized during an illegal search.
Read that last line again. Prosecutors could use evidence seized during an illegal search. Sandra Day O'Connor, where have you gone? Did the high court forget to read the 4th Amendment during its deliberations?
Amendment IV
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.
Apparently an illegal search is not unreasonable. And don't bring up probable cause -- that clause modifies the "no warrants shall issue" line. There is nothing in there about the public good or any other nonsense about the protecton against unreasonable searches and seizures. Between the NSA and this, apparently illegal is okay... so long as it's the government that is committing the illegal acts.
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