| >Alleged pedophiles, terrorists and drug dealers have the full panoply of rights available... For starters, lets throw right to privacy out the window, from the US perspective what we are talking about is 4th Amendment "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." >Only after THAT hurdle is cleared may the rights of the alleged criminal be intruded upon by the state... No. In many instances police are not limited to obtaining a warrant/judicial oversight before conducting searches and seizures (including communications). Just a few examples: (a) if an officer conducts a lawful traffic stop, and smells marijuana (plain-view/plain-smell doctrine) the officer can lawfully search your person and the vehicle,seizing any evidence of a crime, even if unrelated to marijuana; or (b) subsequent to a DUI arrest, an officer can impound the vehicle and conduct a search/inventory of the vehicle and seize any evidence of a crime (even unrelated to the DUI). These are some of the many lawful Government searches and seizures without prior judicial approval. >At least in America, a judge cannot issue a warrant for the wiretaps you described on the mere accusation that "so and so is a {pedophile,terrorist,drug dealer}." A judge certainly can issue a warrant based on accusation as long as the judge makes a finding there is probable cause. In fact an officer can obtain a warrant from a Judge based on an anonymous tip, or what would be called hearsay evidence which would be inadmissible in an actual trial. |