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Author: albaby1 Big gold star, 5000 posts Top Favorite Fools Feste Award Nominee! Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 440734  
Subject: Re: Proposed shield law Date: 5/16/2013 8:00 PM
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That's unnerving, albaby. That should probably be repealed also. Seems like "unreasonable search and seizure" to me.

Actually, it's not (according to the SCOTUS). Remember, when the government seeks to obtain records of the phone numbers you've called, they don't have to search your home or phone. They go to the phone company, which maintains that information for a variety of other purposes. You have no realistic expectation that information that you voluntarily turn over to the phone company by dialing a phone number is going to remain confidential or private, from a Constitutional standpoint. Once you reveal information to a third party, you no longer have any realistic expectation that it will be kept private, under the Smith analysis. So government obtaining that information is not a "search" under the 4th.

Albaby
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