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- Xref: sparky alt.comp.acad-freedom.talk:3753 comp.org.eff.talk:7667 comp.security.misc:2248 alt.privacy:2635
- Newsgroups: alt.comp.acad-freedom.talk,comp.org.eff.talk,comp.security.misc,alt.privacy
- Path: sparky!uunet!boulder!tigger!bear
- From: bear@tigger.cs.Colorado.EDU (Bear Giles)
- Subject: Re: CERT and the Dept. of Justice on keystroke monitoring
- Message-ID: <1992Dec15.002556.28396@colorado.edu>
- Sender: news@colorado.edu (The Daily Planet)
- Nntp-Posting-Host: tigger.cs.colorado.edu
- Organization: National Oceanic & Atmospheric Adminstration / Boulder Labs
- References: <1992Dec10.025308.14768@nntp.hut.fi> <1992Dec11.122009.8181@nntp.hut.fi> <1992Dec11.193941.6961@netcom.com>
- Date: Tue, 15 Dec 1992 00:25:56 GMT
- Lines: 37
-
- In article <1992Dec11.193941.6961@netcom.com> strnlght@netcom.com (David Sternlight) writes:
- >
- >As I understand both the law and ethics, if one discovers the
- >commission of a crime by someone through illegal surveillance
- >without probable cause, the fruits of that discovery won't be
- >accepted by U.S. courts. Thus the requirements for probable
- >cause and legal searches and seizures.
-
- You have that backwards. The Fourth Amendment protects U.S. citizens
- from unlawful search _by the government_ (the Federal government
- explicitly; all local jurisdictions by extensions from around the
- Civil War). Enforcement of this Amendment, through the Exclusionary
- Rule you mention above, is basically at the whim of the U.S. Supreme
- Court. Presidents Reagan and Bush have both expressed opposition
- to the Exclusionary rule and publicly wished to have it curtailed.
-
- There is no equivalent protection from search from private parties.
- Hence, your company may compel you to piss in a jar, but the Government
- will have a harder time making such a blanket rule. (How would the
- presence of barely-perceptable THC in the cashier at the local
- McDonalds affect public safety?)
-
- >The police get a search warrant because of suspected drugs, and on
- >entering the premises discover a counterfeiting press and plates,
- >which turn out to belong to a resident in the household not named in
- >the search warrant. As i understand it, they may prosecute, using that
- >evidence.
-
- Nope. At the present time a search warrant must explicitly state
- where the police wish to search _and_ what they expect to find. If
- they come across a counterfeit plates during a drug bust they may seize
- the plates but any conviction for counterfeiting will probably be
- overturned.
-
- --
- Bear Giles
- bear@fsl.noaa.gov/cs.colorado.edu
-