Again: preface - I don't disagree with the spirit.
However - 4th amendment applies to government and government entities. It does not apply to this instance.
IF they posted up a cop that required you to present information prior to entry AND used refusal to provide "papers" as cause to detain and search: 4th violation. By the cop.
The Fourth Amendment is part of the Bill of Rights whose purpose was to spell out to any public servant that THESE rights are not to be infringed upon ever. These rights are only a few that we, the people, should be enjoying.
Correct - which was part of my point - public servant/govt infringement.
There's a difference between "shouldn't do and is generally shitty" on the part of a non-govt entity and 4th amendment violation on the part of a govt entity/public servant.
I'm not saying "no rules" or abiding by the spirit of the 4th for non-govt entities or individuals, but I, individually, cannot violate your 4th amendment rights.
Example: if I break into your car and take something, and give it to the police as evidence of a crime, the 4th amendment doesn't provide protection against use of that evidence. (Still may not be admitted, but not due to 4th amendment violation).
However, if a cop does the same thing, it IS a 4th amendment argument.
In a civil case, the warrant requirement is in order to enforce a subpoena or court order (govt), to retrieve the information I'm looking for. But, that's just if I try to get it legally. Again, I'm - individually - not held to the constitutional provisions of the 4th.
Your spouse is wrong. HIPAA only applies to covered entities and their business associates. It doesn't apply to anyone or anything else.
Source: I've performed HIPAA security audits on hospitals.
However, the Fourth Amendment trumps all of them and it's long past time to insist on obedience to the Constitution.
Again: preface - I don't disagree with the spirit.
However - 4th amendment applies to government and government entities. It does not apply to this instance.
IF they posted up a cop that required you to present information prior to entry AND used refusal to provide "papers" as cause to detain and search: 4th violation. By the cop.
The Fourth Amendment is part of the Bill of Rights whose purpose was to spell out to any public servant that THESE rights are not to be infringed upon ever. These rights are only a few that we, the people, should be enjoying.
Correct - which was part of my point - public servant/govt infringement.
There's a difference between "shouldn't do and is generally shitty" on the part of a non-govt entity and 4th amendment violation on the part of a govt entity/public servant.
I'm not saying "no rules" or abiding by the spirit of the 4th for non-govt entities or individuals, but I, individually, cannot violate your 4th amendment rights.
Example: if I break into your car and take something, and give it to the police as evidence of a crime, the 4th amendment doesn't provide protection against use of that evidence. (Still may not be admitted, but not due to 4th amendment violation).
However, if a cop does the same thing, it IS a 4th amendment argument.
In a civil case, the warrant requirement is in order to enforce a subpoena or court order (govt), to retrieve the information I'm looking for. But, that's just if I try to get it legally. Again, I'm - individually - not held to the constitutional provisions of the 4th.