Unformatted text preview: incorporating in a written constitution the safeguards which time had proved were essential to its preservation. CIVIL RIGHTS VIOLATIONS MAY ENABLE PROTECTION OF THE HOMELAND, BUT THAT DOES NOT OUTWEIGH IMPACT OF TYRANNY Russell Feingold, United States Senator from Wisconsin, Congressional Record of October 25, 2001, thomas.loc.gov, Access date: Dec. 17, 2002. Of course, there is no doubt that if we lived in a police state, it would be easier to catch terrorists. If we lived in a country that allowed the police to search your home at any time for any reason; if we lived in a country that allowed the government to open your mail, eavesdrop on your phone conversations, or intercept your email communications; if we lived in a country that allowed the government to hold people in jail indefinitely based on what they write or think, or based on mere suspicion that they are up to no good, then the government would no doubt discover and arrest more terrorists. But that probably would not be a country in which we would want to live. And that would not be a country for which we could, in good conscience, ask our young people to fight and die. In short, that would not be America. THE GRAVITY OF A SAFETY THREAT DOES NOT ALTER DUE PROCESS CONSIDERATIONS Sandra Day O'Connor, Associate Justice of the United States Supreme Court, Indianapolis v. Edmond (Citation: 000 U.S. 99), 2000, www.findlaw.com, Access date: Dec. 17, 2002., p. np. But the gravity of the threat alone cannot be dispositive of questions concerning what means law enforcement officers may employ to pursue a given purpose. Rather, in determining whether individualized suspicion is required, we must consider the nature of the interests threatened and their connection to the particular law enforcement practices at issue. We are particularly reluctant to recognize exceptions to the general rule of individualized suspicion where governmental authorities primarily pursue their general crime control ends. LAW ENFORCEMENT DOES NOT HAVE GREATER POWER THAN GIVEN BY THE CONSTITUTION; WATERING-DOWN OF LIBERTIES LEADS TO TYRANNY W...
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This document was uploaded on 11/20/2013.
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