Originally Posted by
Blaze Orange
The 4th amendment has nothing to do with surveillance. Its Search and Seizure without probable cause. So, even as unrelated to the 4th amendment as capturing your speed with a device is, to refute your statement, if an officer has even the slightest thought that you might be speeding, he has every right to make sure you are or aren't, that's probable cause. The posted speed limit is a LAW and he/she, as a law enforcement officer can actively enforce that law and make sure all that are using the governement/state/province/county/whatever provided roadways are doing so within that law. paperlantern
Now, to say the 4th has nothing to do with surveillance errs. But first, lets have a civic lessons concerning the Bill of Rights. Rights granted in this Bill are not granted by our Government, but instead are, as so noted by the Framers, unalienable rights. That is, God given rights we are born with. The Bill of Rights is the citizen's leash on his/her Government to limit and restrict that Government from acts of tyranny that usrups a citizen's unalienable rights. This concept extends outward with a broad hand to control the behavior of Government agents such as Police Officers, and Judges.
Now, it is correct to say the 4th is about Search and Seizure, but focusing only on the Probable Cause clause which restricts and restrains the Government as to what can and can not be searched or seized, ....
(Beck v. Ohio, 379 U.S. 89, 96.
And bypassing a neutral predetermination of the scope of a search leaves individuals secure from Fourth Amendment [p359] violations "only in the discretion of the police." Id. at 97.
These considerations do not vanish when the search in question is transferred from the setting of a home, an office, or a hotel room to that of a telephone booth. Wherever a man may be, he is entitled to know that he will remain free from unreasonable searches and seizures. The government agents here ignored "the procedure of antecedent justification . . . that is central to the Fourth Amendment," [n24] a procedure that we hold to be a constitutional precondition...)...
is to ignore the Privacy clause, the reasonable expectation of privacy contained not only within the 4th, but also in the 1st, 3rd, and 5th Amendments. As always, the interpretation of The Privacy clause, in substantial part is through the lens of societal norms about acceptable levels of privacy from governmental intrusions.
more later....