Montrovant
Fuzzy bears!
I can sympathize with what you are saying, but I wonder : do you think we should have a new constitutional amendment for every new piece of technology about which there is a constitutional question? For example, I believe the SCOTUS is or will be hearing a case about cell phones and determining whether police are performing an illegal search by viewing the contents of a cell phone taken from a person who has been arrested. Obviously the founders had no idea about cell phones. It's not something specifically covered by the constitution of course. Is this something the SCOTUS should rule on, or should they, in effect, throw up their hands and say, "We can't tell you if this is constitutional or not, go ask the legislature."? And if the SCOTUS does rule, should that ruling not apply to all cases of police arresting someone and searching their cell phone?
No, I think the 4th Amendment is very clear. The FF certainly knew about illegal searches and seizures of property and included an Amendment to address it in the Bill of Rights. If the SCOTUS has a case brought by John Doe vs. US Gov't... they should decide on the merits of that case and the circumstances of that case, and it should have NO bearing on how the 4th Amendment is interpreted. Their decision should apply to John Doe and the US Gov't, and no one else, unless the same circumstances exist.
I'm not certain I understand your stance.
If the SCOTUS rules that a policeman browsing through your cell after an arrest is an unreasonable search, isn't that interpreting the 4th to cover cell phones and the information on them? And wouldn't such a ruling apply to any arrested persons and their cell phones in the future?
Do you think there should be a new constitutional amendment to cover all of the things which were not around at the time the Bill of Rights was created? Email, texts, all the forms of electronic communications used today and taken for granted were nothing but fanciful imagination when the constitution was written. Do you think new amendments to cover those things should be written whenever they are created?
I'm not opposing that viewpoint, I'm just trying to be clear about your position.