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To: rhombus
Nice try, but the article all comes down to this point (as it steps through the fact that probable cause IS required in most cases) and comes to this:

A search unsupported by probable cause can be constitutional, we have said, “when special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.”

So, is it "impracticable" for the government to get calling data in this case by subpeona instead of getting all calling records from Verizon?

No. I can think of many ways that an expedited process can be set up to quickly provide calling data upon showing any level of probable cause. I would even be willing to set the probable cause bar very low in wartime. But getting the entire calling database is bereft of probable cause.

50 posted on 05/12/2006 7:30:51 AM PDT by dirtboy (An illegal immigrant says my tagline used to be part of Mexico)
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To: dirtboy
No. I can think of many ways that an expedited process can be set up to quickly provide calling data upon showing any level of probable cause. I would even be willing to set the probable cause bar very low in wartime. But getting the entire calling database is bereft of probable cause.

How does this help them "connect the dots" or find patterns among the calls? And if you object, can't you go to another telephone company? Do you also think your credit records are protected by the 4th amendment? Maybe they are, just wondered what you think? People frequently think they have more rights than are actually in the Constitution...like that right to privacy which of course turned into that right to have an abortion as an example.

53 posted on 05/12/2006 7:36:45 AM PDT by rhombus
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