View Single Post
Old 10-07-2011, 10:05 AM   #6594
Strangler Lewis
Doing The Job
 
Strangler Lewis's Avatar
 
Join Date: Aug 2006
Location: In a state
Posts: 3,956
Strangler Lewis is the epitome of coolStrangler Lewis is the epitome of coolStrangler Lewis is the epitome of coolStrangler Lewis is the epitome of coolStrangler Lewis is the epitome of coolStrangler Lewis is the epitome of coolStrangler Lewis is the epitome of coolStrangler Lewis is the epitome of coolStrangler Lewis is the epitome of coolStrangler Lewis is the epitome of coolStrangler Lewis is the epitome of cool
The decision is unremarkable.

Which is not to say it's not outrageous.

But under current precedent, it's unremarkable.

Someday, "they" will develop a machine to hook up to people's brains to accurately record their thoughts and their intent (sale or personal use) regarding the drugs and other indicia in their car. Doing so would seem to be as lawful under the Fourth Amendment as searching a cell phone, and it would be as lawful under the Fifth Amendment as a forced blood draw.

The interesting Fourth Amendment issue would be when evidence of other crimes is uncovered in the suspect's thoughts. Arguably, the search would be overbroad if the technology could not hone in on the specific memory centers that referenced the crime being investigated. On the other hand, the police generally have the right to seize evidence in plain view anywhere they have a right to be, i.e., your brain.
__________________

Live now-pay later. Diner's Club!
Strangler Lewis is offline   Submit to Quotes Reply With Quote