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It held that it was fine for the government to use evidence gathered without a warrant at a criminal trial because the collection had occurred "incidentally" in the course of a permissible operation and would, in any event, have been allowed by the "foreign-intelligence exception" to warrant requirements.
These misstatements go very well with the administration's false "weapons of mass destruction" rationale for invading Iraq; and with the president's equally false assurance that warrant requirements for domestic surveillance were being observed in the post-9/11 era, to name two salient examples.
The courts have steadily allowed dozens of exceptions to warrant requirements that are used extensively in drug cases.
In addition to other fixes, the bill has a clear warrant requirement for email content, and would also require law enforcement to get a warrant to track cell phone locations – a matter of significant controversy in courts nationwide.
Carrying a cellphone should not obliterate privacy rights or the Fourth Amendment's warrant requirement.
German said her detention was clearly an exploitation of the border loophole to the fourth amendment warrant requirement.
But Justice Antonin Scalia had no trouble rejecting such flimsy excuses for evading the Fourth Amendment's warrant requirement.
Under current law, the warrant requirement is largely limited to e-mails that are less than 180 days old.
An Idaho lawmaker, Chuck Winder, said he did not want to restrict law enforcement with a search warrant requirement.
Under current law, there is no warrant requirement after an e-mail has been stored for 180 days.
Several federal circuits have adopted what has come to be called a consent-once-removed exception to the Fourth Amendment's warrant requirement.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com