The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

via The Bill of Rights (including the Preamble to the Bill of Rights).

A common sense reading would seem to indicate that electronic communications would be included under “papers” and location information would be included under “persons”. Note that there is no clause that adds “except when the president decides it is in the national interest”. In fact there is no exception clause but for a duly issued warrant.

Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety. –Ben Franklin


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