And even more abuses brought to all of us by The Patriot Act.

Gee thanks, Shrub.

Q: How has the 4th Amendment been violated and weakened?

Grok 3 AI took 1.2 seconds to come up with this:

The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures, requiring probable cause and warrants for most government intrusions into private spaces or property. Over time, its protections have been weakened or violated through legal interpretations, technological advancements, and policy shifts. Below is an overview of how this has occurred, based on historical and ongoing developments:

1. Expansion of Exceptions to the Warrant Requirement

The Fourth Amendment generally requires warrants supported by probable cause, but courts have carved out numerous exceptions that weaken its protections:

– Consent Searches: If an individual “consents” to a search, no warrant is needed. Courts have upheld searches where consent was arguably coerced or given under pressure, such as during traffic stops or interactions with law enforcement (e.g., *Schneckloth v. Bustamonte*, 1973).

– Exigent Circumstances: Police can bypass warrants in emergencies, such as hot pursuit or imminent danger. This exception has been broadly interpreted, sometimes allowing warrantless entries based on vague claims of urgency.

– Stop-and-Frisk (Terry Stops): *Terry v. Ohio* (1968) allows police to stop and frisk individuals based on “reasonable suspicion,” a lower standard than probable cause. This has led to widespread practices, particularly in minority communities, where stops often lack clear justification.

– Automobile Exception: The *Carroll v. United States* (1925) ruling permits warrantless searches of vehicles if there’s probable cause, due to their mobility. This has been extended to containers within vehicles (*United States v. Ross*, 1982), eroding privacy protections for drivers.

– Border Searches: Courts have upheld expansive government authority to conduct warrantless searches at borders or their “functional equivalents” (e.g., airports), often extending miles inland. Devices like phones can be searched without clear limits (*United States v. Cotterman*, 2013).

2. Technological Surveillance and Evolving Interpretations
Modern technology has outpaced Fourth Amendment protections, creating new avenues for government overreach:

– Mass Surveillance Programs: Post-9/11, programs like PRISM and Section 215 of the Patriot Act (revealed by Edward Snowden in 2013) allowed the NSA to collect bulk metadata on phone calls, emails, and internet activity without individualized warrants. The Supreme Court has not fully addressed the constitutionality of such programs, though *Carpenter v. United States* (2018) ruled that accessing historical cell phone location data requires a warrant, signaling some pushback.

– Third-Party Doctrine: In *Smith v. Maryland* (1979) and *United States v. Miller* (1976), the Court held that individuals have no reasonable expectation of privacy in information shared with third parties (e.g., phone companies, banks). This doctrine has been used to justify warrantless access to digital data held by tech companies, though *Carpenter* (2018) limited its scope for certain digital records.

– Facial Recognition and AI: Law enforcement’s use of facial recognition and predictive policing tools often lacks oversight or warrant requirements. These technologies can track individuals in public spaces without clear Fourth Amendment protections, as courts have not fully grappled with their implications.

– Stingray Devices: Police use of cell-site simulators (Stingrays) to intercept phone signals without warrants has been criticized as a violation of privacy. Some courts have required warrants (*United States v. Lambis*, 2016), but usage remains widespread and inconsistently regulated.

3. Erosion Through National Security and Public Safety Justifications

Government actions justified by national security or public safety have often undermined Fourth Amendment rights:

– Patriot Act (2001): Expanded government access to communications and records with minimal judicial oversight. Section 702 of the FISA Amendments Act allows targeting of non-citizens outside the U.S. but often sweeps up Americans’ data without warrants.

– No-Knock Warrants and Militarized Policing: The use of no-knock warrants, authorized in cases like *Wilson v. Arkansas* (1995), has led to invasive home entries, sometimes based on faulty information (e.g., the Breonna Taylor case in 2020). Militarized police tactics, including SWAT raids, often rely on broadly interpreted probable cause.

– Administrative Searches: Regulatory inspections (e.g., health, safety, or immigration enforcement) often bypass traditional warrant requirements. For example, *Camara v. Municipal Court* (1967) allows warrantless inspections in some contexts, weakening homeowner protections.

4. Judicial Interpretations Narrowing Privacy Expectations
The Supreme Court has sometimes interpreted the Fourth Amendment narrowly, reducing its scope:

– Katz v. United States* (1967): While establishing that the Fourth Amendment protects a “reasonable expectation of privacy,” subsequent rulings have limited what qualifies as “reasonable.” For instance, public exposure (e.g., *California v. Greenwood*, 1988, allowing warrantless searches of trash left curbside) reduces privacy protections.

– Open Fields Doctrine: *Oliver v. United States* (1984) held that areas outside a home’s curtilage (e.g., fields or yards) are not protected, allowing warrantless searches of private property.

– Plain View Doctrine: Items in plain view during a lawful police presence can be seized without a warrant (*Coolidge v. New Hampshire*, 1971), sometimes encouraging pretextual stops or entries.

5. Practical and Systemic Issues
Beyond legal rulings, systemic practices have further weakened Fourth Amendment protections:

– Qualified Immunity: Police officers are often shielded from liability for Fourth Amendment violations due to qualified immunity, reducing accountability (*Harlow v. Fitzgerald*, 1982).

– Civil Asset Forfeiture: Law enforcement can seize property suspected of being tied to a crime without a warrant or conviction, often placing the burden on owners to prove innocence (*Timbs v. Indiana*, 2019, limited but did not eliminate this practice).

– Overreach in Policing: Racial profiling and pretextual stops (e.g., *Whren v. United States*, 1996, allowing stops for minor traffic violations to “fish” for evidence) disproportionately harm marginalized groups, undermining the amendment’s intent.

6. Recent Developments and Ongoing Debates

– Carpenter v. United States* (2018): A landmark decision requiring warrants for historical cell phone location data, but it left unresolved questions about real-time tracking or other digital data.

– FISA and Section 702 Reauthorization: As of 2025, debates continue over reauthorizing Section 702, which allows warrantless surveillance of non-citizens but often captures Americans’ communications. Critics argue it violates the Fourth Amendment, while supporters cite national security.

– Geofence Warrants: Law enforcement’s use of geofence warrants, which compel tech companies to provide data on all devices in a geographic area, raises concerns about overbroad searches. Courts are still defining their legality.

– Public and X Commentary: Posts on X highlight ongoing public concern about surveillance, particularly around facial recognition and AI-driven policing, with users citing cases like Clearview AI’s data scraping as potential violations. However, specific claims on X often lack verification and should be cross-checked.

Conclusion

The Fourth Amendment has been weakened by expansive judicial exceptions, technological advancements outpacing legal frameworks, and national security policies prioritizing surveillance over privacy. While cases like *Carpenter* show some judicial pushback, the amendment’s protections remain diluted in practice, especially in the digital age. Ongoing debates about surveillance, policing, and privacy suggest that its scope will continue to evolve.

———

January 9, 2018
Parallel Construction – The Dark Side – Secret Origins of Evidence in US Criminal Cases

https://www.hrw.org/report/2018/01/09/dark-side/secret-origins-evidence-us-criminal-cases

In the United States today, a growing body of evidence suggests that the federal government is deliberately concealing methods used by intelligence or law enforcement agencies to identify or investigate suspects—including methods that may be illegal. It does so by creating a different story about how agents discovered the information, and as a result, people may be imprisoned without ever knowing enough to challenge the potentially rights-violating origins of the cases against them.

Through a practice known as “parallel construction,” an official who wishes to keep an investigative activity hidden from courts and defendants—and ultimately from the public—can simply go through the motions of re-discovering evidence in some other way. For example, if the government learned of a suspected immigration-related offense by a person in Dallas, Texas, through a surveillance program it wished to keep secret, it could ask a Dallas police officer to follow the person’s car until she committed a traffic violation, then pull her over and start questioning her—and later pretend this traffic stop was how the investigation in her case started.

SD: Once Admiral Rogers halted the 702 searches, were they ever “unhalted” or are they prevented to this day?

So, Sundance, how much of this information do you believe is personally known by President Trump? Or have his “handlers” like Susie Wiles deliberately kept it from him? He has worked with Devin Nunes at Truth Social for years – would he have told DJT everything that happened or do you think he is still such a believer in the “system” that he wouldn’t say much, for fear that it might upset the apple cart if the President started demanding changes?

And finally, what are the chances that Tulsi Gabbard might decide to say “Damn the torpedos, full steam ahead!” and publicly renounce the position that she took during her confirmation and just expose it ALL?!

RE: TULSI GABBARD: “She had to accept and affirm that she would never seek to limit, restrict or substantively alter the Intelligence Community access to the NSA database. She had to acquiesce to never blocking or impeding FISA(702) as constructed as a tool to engage the database.”

The Senators are culpable liars. Why should Mrs. Gabbard honor any agreement she made with those liars to secure her confirmation? She’s IN, and she’s got the power of the President backing her up. Why not tear the roof off? Washington D(eath) C(ity) is a city of murdering liars. Why should Tulsi Gabbard honor any agreement she made with men who are utterly dishonorable in every respect?

How much more evidence do we need to accept, at the core of everything, that we are subjects and not citizens; that, a legitimate coup was orchestrated and enacted to disable a duly elected president, Donald John Trump, from carrying out his Constitutional duties; that, our United States Constitution has been shredded by an all powerful, unelected and elected cabal?

The reality of this information makes me, individually, feel small and insignificant as a citizen. I will, as Sundance says, go on having my best day. However, the thought of the evil that pervades our government – both elected and appointed – frightens me for the future of MY children, OUR children. We, our parents, and grandparents were way too trusting, and here we are in the first quarter of the 21st century paying the price for our lack of vigilance.

Even as I type this, I realize that what I write will be captured, cataloged, AI analyzed and parsed for a determination that may be made later when the feces hits the fan.

Thank you, Sundance, for your tireless efforts.

“The Democratic Party [the Uniparty, really-Ed.] doesn’t have foreign enemies. They have foreigners who remind them of domestic enemies.”
–David Reaboi riffing on Lee Smith quoted by Samuel Finlay

The Foreign Intelligence Surveillance Court:

It is not a Court, it is a Rubber Stamp/Deep State Satrapy, learned by John Roberts at Norm Eisen’s Color Revolution Summer Camp in the Czech Republic.

It is not Intelligence, but a Counter-Intelligence ploy to deny Regime Enemy targets of the Rights they would otherwise have in a Criminal Investigation.

And it is often not Foreign, but a Three Card Monty sleight of hand to target domestic political opposition.

But it is Surveillance–All Surveillance, All the Time, even before any #Fake Warrants ever issue.

Admiral Rodgers.

The Man, The Myth.

Admiral Mike Rogers should have told President Trump.

To me it makes no send he didn’t unless he was trying to protect those abusing the system from facing scrutiny.

Sooo, Admiral Rogers = sort of hero? I’m confused. I still think he went against the grain and put himself on the line for an ethical issue that he who knew was wrong. That’s admirable, correct?

So the bottom line is when Congress passes something that violates our 4th Amendment and it deals with “national security” the Supreme Corrupt Court will do nothing about it? Is that about it?

@Sundance,
“This kind of unlawful activity, if exposed, threatens the core validity of the system they weaponized.”

True, but the problem is the extent of this unlawful activity is not and will not be exposed.

“The eyes of all our countrymen are now upon us, and we shall have their blessings and praises, if happily we are the instruments of saving them from the tyranny meditated against them.“

I am now convinced Sundance puts out these lengthy rehashes of his prior articles all to help Trump Administration officials in “where to look” and “who to question,” eg Tulsi, Miller, Patel, et al. pointing a big red arrow, so to speak. Thank You SD!!!

Apparently our Government is the description they got from the troops during WWII that they are FUBAR. This stuff has been going at least since the WWI days. Imagine the hoops they were jumping through before the high tech era began. We have found the iceberg, but now we are trying to figure out what to do with it. There is a long way to go, I recon.

So as I always thought, Chief Justice John Roberts is the biggest threat to our Democracy.

Bill Binney would like a word with these traitorous bass turds.

But then they didn’t listen when he busy blowing the whistle on nsa.

Look up his 2.5 hour interview with Richard Grove, tragedy & hope from 1-28-15. I found it on YouTube.

Rat bastagees….

I didn’t see where we now ‘learned’ what Rogers actually told Trump in that November 2016 meeting.

Remember Hillary’s smear job that Trump Towers was pinging a Russian Bank? I wonder if Rogers discussed that.

Meanwhile, Bill had given a half-million-dollar $peech at SberBank in Moscow, Hillary and the Entire Nat/Sec Blob sold Uranium to Putin and Barry-O promised him he would be more flexible after the “election” if Putin would help sell the Iran Deal to Americans.

Somewhere in there, they realized Pres. Putin would not betray Russia, with Rothschild someone calling him a traitor to the One World Government. Perhaps when he wouldn’t hand over Syria to Barry of Arabia.

Remember the early release of info by Snowdon?
He was the early alert warning system and has paid a big price for the alert.

I often wondered about Roger’s role in all this, and now I know. It seems he knew it was wrong, and he did the minimum he had to in order to ease his conscience while also protecting his pension and future as a beltway bandit. Very slimy.

I honestly don’t care what Gabbard pledged to do when she was being nominated. How many times have we watched other appointees from both sides of the aisle lie through their teeth to clear nomination, only to go on and do something opposite?

If PDJT orders it, Gabbard and the others do it, or they find a new job. I don’t know what it is, but I can tell there is a deliberate strategy in play here. I just wish it could all happen tomorrow and throw these amoral traitors out of govt service and into prison where appropriate.

The Patriot Act turns out to have been the most Unpatriotic Act ever passed by Congress.

Then who let Trump know he was being spied upon?

So…Tulsi wouldn’t get confirmed unless she agreed to join the Liars, Cheats and Thief’s Club…FISA

I hope she had her fingers crossed behind her back, and brings them all down.

No FISA…No Patriot Act would to be a good place to start while DC is getting rid of the trash.

I honestly beleive Tulsi’s crafted image of Hippie Surfer Chick disarmed people and made them see her as not a formitable threat.

I beleive without that veneer she would not have been confirmed. She was seen as acting tough and that it would pass “cute little thing wants to play at politcs”

I have never underestimated Tulsi and have watched the D in front of her name jealously waiting for it to fade. She is on my short list of for Trump Term 3.0

Despite the best of intentions, FISA is here to stay, period.

That 2016 WaPo article was masterfully constructed, just to say. The BS just builds and builds till it makes me gag.

This is the propaganda war we’re up against, an unrelenting flow of blatant lies and obfuscations, 24/7/365.

For a time I worked under Clapper, didn’t know anything about him at the time but now wish I could revisit, just to slash a couple of his tires or something. He’s one of the biggest devils in gov for the past two decades.

“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety“
-Benjamin Franklin

Truer words have never been spoken!

This whole corrupt system must be burned down to the minerals for the sake of Liberty & Security.

‘every corrupt and non corrupt official”
If you support corruption, you are corrupt.

Who said ” When the abuses of government take over, people should rise up against these abuses” ?

I would add that our compliant media supports this surveillance apparatus too. It’s why Snowden is reviled as a traitor by media liberals instead of being hailed as the ultimate whistleblower.

Sundance,

Have you thought about another return trip to DC and this time to sit with new deputy director Andrew Bailey?

I see him as a bull dog and not afraid of the DS and the information, timeline, connections and the players you could provide might help him get off to a very fast start.

Remarkably careful and comprehensive analysis, Sundance. Thank you for putting this part of it all together in one place.

Here is the issue. The Fourth Amendment is more important than any pledge made to a group of Senators promising never to limit, restrict, or alter the Intelligence Community’s access to the NSA database.

I understand Tulsi was pressured into agreeing not to block or impede FISA Section 702. But times have changed. She can now openly admit she didn’t fully understand the severity of the problem when she was coerced into putting that system above the constitutional rights of her fellow Americans.

That pledge is no more legitimate than the Senate’s abuse of the “blue slip” process. In both cases, elected officials surrendered their constitutional responsibilities. Tulsi gave up the Fourth Amendment to protect FISA, just as Senators hide behind blue slips to avoid their duty to advise and consent on presidential appointments.

If Senators can forgo their responsibility with a chamber rule, PDJT can do the same. He can take away their FISA toy, ignore their objections, and argue that doing so protects both the Constitution and the Senators themselves from being coerced by unelected bureaucrats in the future.

Give ’em hell, PDJT.

The details revealed in this thread show the United States government does not honor the 4th Amendment to the U.S. Constitution, having seized unauthorized and LIMITLESS access, through NSA technology, to ALL of our personal writings and conversations, WITHOUT OUR PERMISSION or A WARRANT REQUIRED.

The scoundrels doing this have no regard for our rights, privacy and sovereignty.

They have seized unto themselves unlimited power to which they are NOT ENTITLED.

We, therefore, are no longer bound to respect the authority of the U.S. government DELIBERATELY operating outside the Bill of Rights under which this nation was founded.

The people in Washington DC are the enemies of American citizens and are mortal enemies of our liberty. This is a system operated by calloused tyrants quick to crush everyday citizens to preserve the ruthless power of a monstrous government.

This is not a system to be supported. It is a system of government without enforced safeguards, crying out to be destroyed completely.

Quite frankly, I think Lt. Col Gabbard is the only person Trump picked that is so far performing up to expectations. The other folks have irons in the fire, so to speak, but we the people need results.

OK, I’m confused. If Rogers didn’t warn President-elect Trump:

– why fly to Trump Tower?
– on personal time
– and not tell his superiors?
– who then tried to fire him?

Didn’t Sundance tell us three years ago Rogers dropped a dime?

P.S. A drone was just launched at Russia from Estonia.

So, we now know Admiral Rogers did not tell President Trump he was under surveillance and his phones were tapped, at Trump Tower in Dec. 2016? How do we now know that? Where was that new revelation explained?

In 2017, I believe, I spotted DNI Rogers going into a DC party honoring Mueller. That never jived with him warning Trump.
Now I know he didn’t. Trump was warned to move to Bedminster by someone else.

I don’t care whether it’s Russia-gate, or FISA-gate which defangs the Clinton/Obama Cabal.
The objective is disqualification to appear publicly to support other Democrats and their anti-American agenda.
If Brennan, Clapper, or Comey go the jail, fine. But, if they cannot appear on TV to endorse a dog catcher from Corndale, Iowa, that alone would satisfy me.

SD—I’m still having trouble understanding what unlawful searches of the NSA database have to do with FISA.

Perkins Coie, a federal contractor, was breaking the law by searching the NSA database, whether minimized (masked) or not. That crime has nothing to do with whether FISA and its evil offspring, FISC, exists or not, because PC was just entering the system and abusing it with “about” searches.

Seems the first step is to prevent unlawful searches. Next is to tackle the FISA system. What am I missing?

Take away the toys…
Defund the agencies…
Hang the traitors…
So easy, even a caveman can do it…

NO MERCY!

For the record, Adm Rogers did not warn Trump he was being spied on. He went to Trump Tower to apply for the job he already held as NSA director.

Obama may have told Trump. Sometimes the deep state has escapees and captives who go along. They looked pretty chummy during the Carter funeral.

Three Mike Rogers;

Admiral Rogers – worked on tightening FISA w/Judge Collyer.

Lego Hair Rep Rogers – House Armed Services. Being considered for Defense Sec. Deep state hack who loves surveillance.

Senate loss Rogers – former Rep. Chaired House Intell. Also loves surveillance.
_____

“Lego Hair” !!! 🤣 🤣 🤣

Hilarious.

Why are we considering these Deep State hacks!!!
_____

Great timeline. The level and depth of corruption gets more and more detailed.

For those who denied the Obama IC “involvement” in the treasonous spying on the Trump administration from pre-election through 1/20/21, all I can say is a) you’re so obviously biased that you are unwilling to see the truth or b) you are too stupid to understand treason!
Time to repeal the Patriot Act. Time to eliminate the silo system permanently. Time to make Election DAY with paper ballots, hand counting and results within no more than 6 hours of the closing of the polls. This means that ALL results should be available by 1am on the morning after Election Day for each time zone (provided their are no emergencies in a precinct that would need to be reported and documented to the entire membership of the State Board of Elections for a vote on accepting late ballots. Photo ID is required and proof of citizenship is required one month prior to the 2028 Presidential Elections. Absentee ballot applications must be filled out in person at the BoE of the person’s voting district with required information (including reason) between 1 month and 4 months prior to Election Day with the exception being active military, who will be required to submit their ballot to their commanding officer rather than returning it directly to the BoE. All absentee ballots must be received by the BoE at least one week prior to Election Day. The ballot envelopes must contain the signatures of the BoE chairman and a member of a different party with date of receipt. These ballots must be stored in a secure location and brought out for counting at the BoE after the polls have closed on Election night. All ballots submitted to BoEs other than in person voting shall include an accompanying statement from a notary or officer in charge (military) certifying that the notary/OIC personally verified the ID of the person and accepted their ID as the voter. Ballots that come in from precincts must be placed in the locked box provided for the casting of ballots along with the signatures of the Precinct chair and every poll worker responsible for the care and counting of ballots during the entirity of the Election Day (the locked box should be accompanied by 2 individuals–the precinct chairman and a member of the opposite party as designated by the Party officials).

“President Obama supported FISA. Devin Nunes supported the FISA exploit. Kash Patel supports the FISA exploit. Pam Bondi supports the FISA exploit. James Comey supported the FISA exploit. Every corrupt and non-corrupt govt official alike supports FISA.”

Including President Trump?
Mind you, I’m asking for a friend.

Thank you, Sundance!