The founders recognized this, which is why the 4th Amendment, along with the rest of the Constitution, is supposed to be enforced by the separate branch of government that is the Judicial Branch.
You're saying the police power is the province of the Judicial Branch?! This is a...unique interpretation. The Constitution divides the power of the government in legislative (making law), executive (promulgating and enforcing law), and judicial (evaluation of the law). In common law jurisdictions the judicial branch does not have any kind of police power, and to the best of my knowledge never has had.
You're saying the police power is the province of the Judicial Branch?! This is a...unique interpretation. The Constitution divides the power of the government in legislative (making law), executive (promulgating and enforcing law), and judicial (evaluation of the law). In common law jurisdictions the judicial branch does not have any kind of police power, and to the best of my knowledge never has had.
I am perplexed by the number of HNers that seem to think we live in a civil law jurisdiction. http://en.wikipedia.org/wiki/Civil_law_(legal_system)