We Don’t Need No Stinking Warrant: The Disturbing, Unchecked Rise of the Administrati

[barstoolguru]

not sure where to put this but I found it interesting and thought it was worth a share

But by law, utilities must hand over customer records — which include any billing and payment information, phone numbers and power consumption data — to the DEA without court warrants if drug agents believe the data is “relevant” to an investigation. So the utility eventually complied, after losing a legal fight earlier this month.

Meet the administrative subpoena (.pdf): With a federal official’s signature, banks, hospitals, bookstores, telecommunications companies and even utilities and internet service providers — virtually all businesses — are required to hand over sensitive data on individuals or corporations, as long as a government agent declares the information is relevant to an investigation. Via a wide range of laws, Congress has authorized the government to bypass the Fourth Amendment — the constitutional guard against unreasonable searches and seizures that requires a probable-cause warrant signed by a judge.

In fact, there are roughly 335 federal statutes on the books (.pdf) passed by Congress giving dozens upon dozens of federal agencies the power of the administrative subpoena, according to interviews and government reports. (.pdf)

We Don't Need No Stinking Warrant: The Disturbing, Unchecked Rise of the Administrative Subpoena | Threat Level | Wired.com

[DefensiveCarry.com]

[pgrass101]

Yes your phone records (who you called not what you said) is the same way. We are giving more and more power to the Fedearl Government

[ExactlyMyPoint]

I just spoke with the Webster dictionary people. They are removing the word "privacy" from the lexicon.

[ccw9mm]

The Constitution requires warrants. IANAL, but it seems clear to me that such "admin subpoenas" are an unlawful circumvention. They'd have no power if zero people abided and instead awaited legitimate judicial warrants. Of course, some of the bastids would seek to enforce their opinion at the point of a gun, and probably many would be jailed. But they wouldn't get the info, and at some point the issue would turn to the fascist circumvention of the Constitution. It would just take some time to get the members of Congress to pull the finger out.

[Badey]

Just curious, has anyone taken a case to the SCOTUS about this recently?

[Mike1956]

Wherever you go, and whatever you do, assume it is all on the record, subject to scrutiny.

[Badey]

Wherever you go, and whatever you do, assume it is all on the record, subject to scrutiny.

Hall and Oates come to mind

http://www.youtube.com/watch?v=anLfoy2XsFw

[Hopyard]

Nothing new here; brought to you by
many Congresses with differing
partisan views. I seem to remember
challenges with the usual results.

[troutkiller]

This is another outgrowth of Reagan's warrantless asset forfeiture policies in the 1980's. How soon we forget.

[mcp1810]

Old news and settled law.
That bit in the fourth amend about being secure in your papers is your papers. Not someone else's papers about you except religious, doctor/patient and lawyer/client.

[packinnova]

Old news and settled law.
That bit in the fourth amend about being secure in your papers is your papers. Not someone else's papers about you except religious, doctor/patient and lawyer/client.

Uh...even someone else's papers belong to someone...ie themselves. If I have "papers" detailing your activities with my business, I own said papers. I AM A CITIZEN OF THIS COUNTRY. I HAVE THE RIGHT TO BE SECURE IN MY PAPERS EVEN IF THOSE PAPERS CONTAIN INFORMATION ABOUT SOMEONE OR SOMETHING ELSE. The contents of said papers matter not.

[paramedic70002]

Yes it is possible for America to get "too big for it's britches." Now who is bring the whip to the woodshed?

[kerberos]

Yes it is possible for America to get "too big for it's britches." Now who is bring the whip to the woodshed?

Well informed and educated voters

[nedrgr21]

But where do we find enough of them?

[Glhadiator]

...and freedom shall come to its end at the sound of thunderous applause.

They are from the Government, they are here to help.