Earlier quoted context omitted.
So is the 4th amendment, and look how much that one is abused. In the end the Constitution really is "just a piece of paper", if not the government , not the judges , not the media , and ultimately not even the people respect it, live by it, and try to protect it as soon as it's endangered by people trying to accumulate too much power. Where are all the street protests?! I also fail to understand people who so viciou…
The 4th amendment is strong as it has ever been, and the 1st is much stronger.[1] Are police knocking down your door without a warrant? If not that's the 4th amendment working as intended. What we have here is a system: 1) Clearly designed to pass a 4th amendment analysis; 2) Enabled to to pass such scrutiny be the unprecedented access Americans give corporations to the details of their private lives. For what its wo…
Damn right they are. Exigent circumstances. [1]
Police routinely coerce people into consenting to searches during traffic stops when there is no RAS. If there's a K9 unit around it's even easier; look at how often they just happen to trigger when there's no contraband at all [2]. Does a 56% false positive rate sound reasonable?
And, once they've gained access they've got wide leeway to seize whatever they want in the name of the war on drugs. At that point the owner must pay a bond to contest the seizure, and then has the burden of proving that they were not party to the crime. Note that no warrant is required for property seizure, merely probable cause [3].
[1] http://themoderatevoice.com/110361/supreme-court-expands-war... [2] http://www.rawstory.com/rs/2011/01/06/false-positives-police... [3] BJA publication NCJ-137994 – CIVIL FORFEITURE FOR THE NON-LAWYER