• tal@lemmy.today
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    1 year ago

    The Fourth Amendment will affect police, but it won’t restrict a random person who is given access to something from turning over whatever data they want to police.

    Say I hire a painter, and the painter is painting my house’s interior, and sees a bloody knife in my house. He can report that to the police. But, remove the painter from the picture, and the police could not enter to look for such a thing absent a warrant.

    'course, the flip side of that is that if the police get a warrant, then they can enter whether I want them in the house or not, whereas the painter can only enter because I choose to let him in.

    • krolden@lemmy.ml
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      1 year ago

      That analogy is tired in the age of mass data collection without consent

      • tal@lemmy.today
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        1 year ago

        I’m just telling you that that’s the way things legally are. You’re arguing about how you feel that they should be.

    • gullible@kbin.social
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      1 year ago

      Not just police, any armed investigatory unit or state sponsored militia. The idea of a “police” force was pretty vague at the time, so the umbrella covers much more than it initially intended to.

      • NateNate60@lemmy.world
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        1 year ago

        You’re getting a bit off-track here. The scenario is this: the company that provides the software for your care collects data. This part is unconcerned with Amendment 4. Amendment 4 prohibits the State from collecting information and searching unreasonably. It does not prohibit the private company that provides the software from doing so. That is what privacy laws are intended to protect against, not Amendment 4.

        Amendment 4 also does not prevent the company that collected that data from providing it to the police upon request. Amendment 4 (and the rest of the US Constitution) applies only to the State. Private companies and private individuals are not bound by it.