"The issue is - does the fed statute you cited at #95 trump the Constitution?"
I didn't cite any federal statute. I cited case law, decided upon by the courts and upheld by the Supreme Court many times over to be Constitutional.
You really need to learn how to read before you start teaching us about the Constitution.
Sam Hill wrote:
I didn't cite any federal statute. I cited case law, decided upon by the courts and upheld by the Supreme Court many times over to be Constitutional.
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Not true.. You cited a DOJ training manual:
Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations (July 2002)
Address:
http://www.cybercrime.gov/s&smanual2002.htm
PREFACE
This publication (the Manual) is a revised version of the 2001 edition of "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations." In addition to discussing recent caselaw, the Manual incorporates the important changes made to the laws governing electronic evidence gathering by the USA PATRIOT Act of 2001, Pub. L. No. 107-56, 115 Stat. 272 (2001) (the "PATRIOT Act"). These changes are discussed primarily in Chapters 3 and 4.
Many of the provisions of the PATRIOT Act relevant here would, unless reenacted into law, sunset on December 31, 2005. Accordingly, prosecutors and agents are urged to inform the Computer Crime and Intellectual Property Section (CCIPS), at 202-514-1026, whenever use of the new authorities proves helpful in a criminal case. This information will help ensure that Congress is fully informed when deciding whether to reenact these provision.
As is true with most efforts of this kind, the Manual is intended to offer assistance, not authority.
Its analysis and conclusions reflect current thinking on difficult areas of law, and do not represent the official position of the Department of Justice or any other agency.
It has no regulatory effect, and confers no rights or remedies.
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Sam --,
You really need to learn how to read before you start teaching us about 'case law'..