The 4th Amendment

[Jim Choate]

                                Amendment IV

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.

The 4th Amendment does not speak to the quality or type of the target of
the search, but rather to the intent to search. The itemized listing is
not meant to enumerate the items covered but rather to demonstrate the
universal range of protected items. The word 'effects' for example is
sufficiently broad in both definition and intent to cover any distinction
of 'private' or 'public'.

Where does the Constitution say anything about 'public' records? The same
argument can be raised there. Was the intent that nothing should receive
protection under the 4th? Hardly.

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         If the law is based on precedence, why is the Constitution
         not the final precedence since it's the primary authority?

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