No probable cause. Unconstitutional
It gets more complicated when you are dealing with a third party. Your home and property are protected under the Constitution, but when you have records and possessions in the hands of a third party like a friend or an investment manager it’s a different story.
(No probable cause. Unconstitutional)
Funny. You still think that overlords give a damn about constitutionality??
How can you say that?!
Rather, according to the court’s order, the summons seeks information related to the IRS’s “investigation of an ascertainable group or class of persons” that the IRS has reasonable basis to believe “may have failed to comply with internal revenue laws.”
Aren't the police routinely allowed to enter your premises, search your personal papers, and rummage through your wife's lingerie drawer on the suspicion that some ill-defined "wrong-doing" (= "non-compliance") might be going on?
After all, you exist, and it can therefore be reasonably assumed that you may have failed - at some point in your life - to comply with at least one of the 50,000 statutes, ordinances, and requirements of the federal government's tax code.
Regards,
That old thing? That went out with “voting rights”.
That old thing? That went out with “voting rights”.
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.
John Doe is not a person, and they know it. This subpoena is blatantly unconstitutional.
What is the oath? “give me all the records, because I am guessing that someone cheated on their taxes.”