Diamondeye wrote:
Since I didn't "summarily dismiss" anything, but in fact responded to all his points and even agreed that he was correct about the potentials for computer analysis of various data, you can **** right off.
Perhaps you should have re-read the thread before you threw down this gauntlet, because your "bare assertion" is not substantiated by the evidence at hand.
Stathol's First Substantive PostYour Response1. Appeal to Authority: "...because the Courts have so ruled."
2. Hell, just read the rest of the post ... it amounts to ... You're wrong because I have a different level for defining "reasonable suspicion", which is based on some sort of nebulous and undisclosed "expert authority" not for "public consumption."
3. Stathol's rebuttal still has no response.
So, yes, you did in point of fact summarily dismiss Stathol's argument.
Diamondeye wrote:
This has nothing to do with the Constitution being guidelines, this has to do with people wanting to impose their own, additional, extra-Constitutional limitations on technology for no reason other than their own paranoia and stereotypes about law enforcement.
We'll start
here with your continued assertion that the Fourth Amendment does not say the following:
The Fourth Amendment wrote:
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.
At what point does it privilege "Home" above "persons", "papers", and "effects"? More to the point, at what point does the Fourth Amendment allow a lesser standard for things beyond "home"? You keep arguing that rulings are legitimate, but even a basic textual examination of the Fourth Amendment allows no such thing. More to the point, when coupled with the Fifth Amendment, at what point does the Constitution permit you to demand or expect information from me when I have at no point given you probable cause to expect me of a crime? Because, your "assertion" that the Fourth and Fifth Amendments don't say what they say is 90% of the issue in this thread.
The Fifth Amendment wrote:
...nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law...
I excerpt this particularly poignant part of the 5th because the phrase "without due process of law" qualifies both procedural clauses in it. And since the Fourth Amendment establishes a warrant under "probable clause" as the qualifier of due process; please, enlighten me to as to how people are asserting the Constitution says things it does not? Any standard short of a "warrant" and "probable cause" is insufficient with regard to the Constitution for police information gathering. Any ruling that says otherwise is fundamentally and factually wrong. So, let me know when you can address the fact that you are upholding Constitutionally contradictory standards ...
Until then, you really have no authority on this matter.
_________________
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