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.
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.