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by makmanalp
4091 days ago
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> Warrants will generally be granted, and the search of any particular individual is going to happen if the government wants it to. This is true but it protects against "unreasonable" searches. I'd much rather have my house be searched after a judge deems it necessary, rather than there being no accountability or oversight, and the police deciding on their own that they want to. Other than that, I agree. |
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It prohibits unreasonable searches. Whether it protects against them depends on the effectiveness with which its prohibition is enforced. Unfortunately, enforcement through the courts has been effectively limited to the exclusionary rule, which is perhaps a reasonably sufficient remedy against unreasonable searches for the purposes of criminal prosecution [0], but is completely useless against unreasonable searches for other purposes.
[0] though perhaps not, there's all kinds of exploitable limitations to the exclusionary rule even in the criminal domain.