DISQUS

Technology Liberation Front: Orin Kerr: Not an Empty Vessel and Not Responsive to my Point

  • MikeT · 1 year ago

    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.


    I would imagine that "papers and effects" would reasonably be construed by our founding fathers to include communications stored outside of our persons and homes, but in a location that is generally deemed private. What Kerr is arguing that is that our founding fathers would have been a-ok with the government rifling through our papers and effects stored at a local business (the 19th century equivalent to 3rd party storage), something that I think you and I both know that they would have been outraged over.