In a year, if a friend asks you if the CIA is in your underwear, you’d probably not take the question seriously. You’d be wrong. The CIA is spending millions in tax dollars to get into your underwear next year.
The CIA, notwithstanding a clause in its charter that prohibits it from engaging in surveillance in the United States or from engaging in any law enforcement activities, has a long history of domestic spying without search warrants. The general gave me two answers, both of which would have flunked a bar examination. First, he argued that the Fourth Amendment only protects against unreasonable surveillance, and his 60,000 domestic spies were behaving reasonably. After the laughter died down, I pointed out that the Supreme Court has held that all searches and seizures — all surveillance — conducted without search warrants are as a matter of law unreasonable, and thus violative of the amendment.
I then reminded him — we were friends, mind you; but I could not let him get away with publicly trashing the document he and I had both sworn to preserve, protect and defend — that the Fourth Amendment was written in the aftermath of British intelligence agents breaking down the doors of colonists’ homes ostensibly looking for compliance with the Stamp Act of 1765 but really looking for subversive materials by folks whom today we call the Founding Fathers.
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