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Why is warrantless wiretapping wrong?

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closeupready Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 09:18 AM
Original message
Why is warrantless wiretapping wrong?
Or alternatively, what is the legal basis for opposing warrantless wiretapping?

Second, what is the legal basis for opposing detention without trial (i.e., Gitmo)?
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Tierra_y_Libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 09:27 AM
Response to Original message
1. How about these?
* Fourth Amendment – Protection from unreasonable search and seizure.

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.

* Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.

No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; 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; nor shall private property be taken for public use, without just compensation.

* Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
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closeupready Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 09:32 AM
Response to Reply #1
2. Thank you.
:)
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AuntPatsy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 09:32 AM
Response to Reply #1
3. I thank you too.
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Nickster Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 09:33 AM
Response to Reply #1
4. A-men!
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