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.
Looks pretty simple to me.
The FBI could have and should have gotten a warrant before going to the library.
I'm far from siding with the liberals on most anything, but I am strongly on the side of the Constitution, and this looks pretty cut and dried.
It's cut and dried that the FBI needed a warrant to perform a search without consent, and they went and got one. I think what is irritating to most people on this thread (me, anyway) is that the library did not consent to the search.
Which would apply if the perpetrator owned the computer.
If the FBI asked by boss to inspect my computer at work, he could say yes without violating my 4th amendment rights.
Since they are the library's computers, which are in effect the government's computers, they can and should agree.
The library may have been within their rights, but not their right minds. The 4th amendment search rules can be annulled via consent - which is what the librarians withheld, forcing the use of a warrant. Because the library is not a private space, there is arguably no reasonable expectation of privacy on behalf of the user of a computer library.
I hope their obstinancy never causes harm or death to an innocent due to delays in investigating by the police/FBI.
My $.02
" 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.
Looks pretty simple to me."
Me too.
If a car can be searched without a warrant. Even a purse in said car can, then a PUBLIC building belonging to the local government can be searched.
Sheesh.