NSA Hasn't Read 4th Amendment (Apparently)

[David Farber <dave () farber net>]

Begin forwarded message:

From: Zach Sparer <zsparer () comcast net>
Date: January 25, 2006 1:29:28 AM EST
To: dave () farber net
Subject: NSA Hasn't Read 4th Amendment (Apparently)

For IP.



http://onegoodmove.org/1gm/1gmarchive/002801.html#002801



The link points to a video of a discussion between the creator of the  
domestic eavesdropping program -- NSA’s Michael Hayden -- and a  
reporter during a briefing.  Video is a snip from Keith Olbermann’s  
Countdown.



---------------------------



Text of Fourth Amendment:



“The right of the people to be secure in their persons, houses,  
papers, and effects, against unreasonable searches and seizures,  
shall not be violated, and no Warrants shall issue, but upon probable  
cause, supported by Oath or affirmation, and particularly describing  
the place to be searched, and the persons or things to be seized.”



-------------------------



Transcript of video:



Reporter: My understanding is that the Fourth Amendment of the  
Constitution specifies that you must have probable cause to be able  
to do a search that does not violate an American’s right against, uh,  
and unlawful searches and seizures.



Hayden: Uh, the Fourth Amendment actually, uh protects all of us from  
unreasonable search and seizure. That’s the test.



Reporter: But the…but the…measure is probable cause.



Hayden: The Amendment says “unreasonable search and seizure.”



Reporter: But does it not say “prob--



Hayden: No.  The Amendment says “unreasonable search and seizures.”



Reporter: The legal standard is probable cause.



<break>



Hayden: Just to be very clear, okay, and believe me, if there is any  
Amendment of the Constitution that the employees of the National  
Security Agency are familiar with, it’s the Fourth.  Alright?  And it  
is a reasonableness standard in the Fourth Amendment.



-------------------



This isn’t funny.  It’s not sad, and it’s not “nothing.”  This is scary.



Zach Sparer

Law Student, University of Pittsburgh







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