Tracking Cell Phones Without Warrants a Constitutional Violation

Posted by Leah Friday, February 26, 2010 Friday, February 26, 2010

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In Philadelphia, the Third Circuit Court of Appeals presided over arguments to determine the Constitionality of tracking cell phone location and records without warrants. It is likely that the case will make its way to the Supreme Court. In the age of terrorism- domestic and international- it is prudent that the Justice Department have access to the cell phone records of a terrorist suspect. With the records the Justice Department can pinpoint the location of a suspected terrorist or access possible terrorist networks through cell phone records. However, this should not be permitted without a warrant.

The Fourth Amendment of the U.S. Constitution 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."

According to the Fourth Admendment, a warrant can't even be issued without establishing prior probable cause for the warrant.  A reasonable expectation of privacy is not ensured when the government is scrutinizing and tracking your phone calls without a warrant or even notification that you are being monitored. Warrants are a crucial way to ensure government transparency- as much transparency as possible anyway, and to prove to the suspect that there is probable cause and the reason for the seizure is justified and valid. Catherine Crump of the ACLU  told the Philadelphia Inquirer: "We agree that cell phone tracking is lawful and appropriate in certain situations. The question is whether the government should first have to show that it has good reason to think such tracking will turn up evidence of a crime."  Absolutely agreed.  In a court of law the "burden of proof" is the responsibility of the prosecution. In this case, the prosecution is the U.S. government and the burden of proof lies on their shoulders. Warrants are an excellent way to demonstrate the validity of the investigation and also serve as a means to uphold the Fourth Amendment. The government should be able to access cell phone records for the sake of national security- but a lack of a warrant allows for arbitrary and invalid searches that have not been legitimately substantiated.

The likelihood of governmental abuse is assured. A lack of a warrant is  synonymous with a complete lack of  outside governmental controls.Thanks to bills like the Patriot Act, the U.S. government has been running amok. Tracking phone records without warrants is another symptom of the diesease of nefarious government control and a direct violation of Constitutional Rights and civil liberties. A frightening but possible outcome is the Supreme Court ruling in favor of the government. If that happens every citizen can kiss their reasonable expectation of privacy good bye.

The Decline of Thought

Posted by Leah Monday, February 1, 2010 Monday, February 01, 2010

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People don't want to think anymore and the mass media is eager to accomodate. How many channels of mindless garbage do people willingly pay money for?  People are so eager to enjoy the humiliation and misfortune of other people in the name of trashy entertainment. What's even more perverse is the fact that the these people on "reality" TV shows willingly put themselves in the position to be humilitated.

Degradation is now the most sought after form of American entertainment. Jerry Springer may very well become the next U.S. president. How about all of those commercials - the insidous manipulation of human insecurities for commercial gains. Are you fat? Ugly? Bald? Bad teeth? Stinky feet? Buy this product and all of the insecurities that have been pounded into to your head by your television set will be gone forever for only three payments of $99.99. Your self worth can only be measured by your physical appearance- just ask any of the soap opera gods and goddesses.

People are willing to obey their media gods without question so long as they keep shoveling out the idiotic drivel to keep them passively entertained. It's so much easier to laugh at that guy on American Idol who sounds like a chipmunk in a blender then to think about issues that affect you on a grass roots level. Paying attention to the things that actually affect you would make you start thinking that maybe you should do something to change these things and that would require thought and effort. Me? Be proactive and make an effort to add something meaningful and positive to the macrocosim? That sounds scary- quick change the channel! That's right just keeping worshipping your media god- they'll take good care of you as long as you remain a good little placid, mindless sheep that continues to make them obscene profits through TV ratings and the purchases of products that are utterly useless.

Let them keep control of you through fear and let them keep thinking for you. You want to fit in don't you? You want to be up on all of those shows that everyone else watches- you don't want to be different do you? Different is, well different and that can be scary. What even scarier is the fact that so many people choose to let the media dictate their life. Scariest of all is the soulless money grabbing, rampant corporate greed that has come to define the media and that people live their lives by what the media says. Do yourself a favor- kill your television.