| | the stance that it's okay to collect everything, and that a "search" hasn't taken place Anytime this argument is made, it must be held in contempt, and along with its wanton disregard for logic, be not allowed to stand. Scenario 1: If Alice sends a letter to Bob unintercepted and Bob reads the letter then burns it, his privacy has not been violated and he has not been searched. Scenario 2: If Alice sends Bob a letter and before delivery the postman opens the letter, photographs the contents in such a way as to not see the contents of the letter at the time, then sticks the photo in his pocket for a rainy day, then delivers the letter, Bob has been searched. For any of a number of definitions for searched. One of which being Bob no longer has control over his personal effects(information), cannot choose the manner in which they are presented to others, or if they are presented at all. If your option of not being searched has been taken away, you've been searched. In Scenario 2 Bob's option of not being searched has been taken away, so therefore he has been searched. It's pretty obvious these bulk collection practices are 'seizure' as well as 'search,' though I've not heard anyone with the audacity to argue that it is somehow not seizure. |