Court legalizes warrantless searches

This story is yet another strike against liberty, justice, and the very rule of law (or as Bush calls it, the rule of "damn pieces of paper").

The U.S. Court of Appeals for the Second Circuit has decreed that warrantless searches by the U.S. government of American citizens are legal if they take place abroad. In other words, the government doesn't even have to obey the very Constitution that's supposed to be the law of the land.

The court said that these warrantless searches must be reasonable as the Constitution requires. Uh. Look at the Constitution. The Constitution also says searches can't be warrantless.

Duh!

Whatever you think about a defendant's guilt or innocence, America is supposed to be a nation of laws. If you've ever been arrested, you've probably endured a lecture about the importance of rules and laws. So the government should obey the law itself.

It should also obey other countries' laws. This case involved a search by the U.S. government of an American citizen that took place in Kenya. Like the U.S. Constitution, the Constitution of Kenya also safeguards against arbitrary search and seizure.

American authorities can't just stomp into another country and search everything they feel like searching. If you're 20 years old and you drive to Canada where it's legal for 20-year-olds to drink, can U.S. agents march into your hotel room and arrest you without a warrant?

Even if the government thinks someone is a terrorist, it should get a warrant before searching them. The Constitution is very clear on that. Under our system, the government and the accused are both supposed to get their day in court, and I'm all for the accused being punished severely if they're guilty. But the laws must be followed.

(Source: http://www.nytimes.com/2008/11/25/nyregion/25embassy.html)