Orange County Judge, Porn, and the Right to Privacy
The Fourth Amendment and The Internet
The Fourth Amendment clearly states, 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. ... The internet has set up serious loopholes and “easy outs” that, if challenged, can and will set a whole new look at the fourth amendment, and what we call “our right to privacy”. ... Kline, a former Orange County Superior Court Judge, is currently out on $50,000 bail and a GPS devise strapped to his ankle, he is currently on house arrest. ... District Court Judge Consuelo Marshall in Los Angeles will issue a ruling on whether Williams was working for the government or himself. ... What astounded Williams even more was that Kline was a Superior Court Judge. ... District Judge Consuelo B. Marshall threw out all but one charge, finding the 4th amendment to uphold Kline’s right to privacy. ... Meyer, Kline’s attorney, was quoted as saying Judge Marshal’s decision was “a well-reasoned opinion” that “accurately reflects the acts and the law.” Judge Marshall has also made the decision that Williams was working for the Canadian Police, U. ... In practice, this means that the police may override your privacy concerns and conduct a search of your home, barn, car, boat, office, personal or business documents, bank account records, trash barrel or whatever, if: the police have probable cause to believe they can find evidence that you committed a crime, and a judge issues a search warrant. Or, the particular circumstances justify the search without a warrant first being issued” The fourth amendment applies to a search only if a person has a “legitimate expectation of privacy”. Courts use a two-part test to determine whether, at the time of the search, a defendant had a legitimate expectation of privacy in the place or things searched: did the person subjectively (actually) expect some degree of privacy? ... So legitimate expectation of privacy is null with regards to either computers.
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