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Warrantless searches in the United States
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Warrantless searches in the United States : ウィキペディア英語版
Warrantless searches in the United States

Warrantless searches are searches and seizures conducted without search warrants.
In the United States, warrantless searches are restricted under the Fourth Amendment to the United States Constitution, part of the Bill of Rights, which provides that, "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."
==History==
In the Thirteen Colonies, agents of the British Empire utilized general warrants to authorize searches in the homes of colonists – such warrants allowed any place to be searched for any thing at any time, all at the whim of the holder. They were viewed as an abuse of power, and caused increased tensions that ultimately led to the American Revolution. The Fourth Amendment barred all warrantless searches and all general warrants; nevertheless, the interpretation and limitations of the Fourth Amendment and the permissibility of warrantless searches under certain circumstances (such as wartime) have been important in the history of executive and judicial power in the United States.
During the American Revolutionary War, "the Continental Congress regularly received quantities of intercepted British and Tory mail".〔"Intelligence Techniques." ''Intelligence in the War of Independence''. Central Intelligence Agency, 2007. ()〕 See intelligence in the American Revolutionary War.
In 1975, the Church Committee, a United States Senate select committee chaired by Frank Church of Idaho, a Democrat, investigated Cold War intelligence-gathering by the federal government, including warrantless surveillance.〔(【引用サイトリンク】work=Church Committee: WARRANTLESS FBI ELECTRONIC SURVEILLANCE )〕 The committee report found the "Americans who violated no criminal law and represented no genuine threat to the 'national security' have been targeted, regardless of the stated predicate. In many cases, the implementation of wiretaps and bugs has also been fraught with procedural violations, even when the required procedures were meager, thus compounding the abuse. The inherently intrusive nature of electronic surveillance, moreover, has enabled the Government to generate vast amounts of information – unrelated to any legitimate governmental interest – about the personal and political lives of American citizens."〔(【引用サイトリンク】work=Church Committee: NATIONAL SECURITY AGENCY SURVEILLANCE AFFECTING AMERICANS )
The "potential criminal liability of the National Security Agency and the Central Intelligence Agency for operations such as SHAMROCK (interception of all international cable traffic from 1945 to 1975) and MINARET (use of watchlists of U.S. dissidents and potential civil disturbers to provide intercept information to law enforcement agencies from 1969 to 1973)" helped persuade president Gerald Ford in 1976 to seek surveillance legislation, which was ultimately enacted as Foreign Intelligence Surveillance Act in 1978.〔(【引用サイトリンク】work=Wiretap Debate Déjà Vu )
Abuses of power by the federal government led to reform legislation in the 1970s.〔 Advancing technology began to present questions not directly addressed by the legislation as early as 1985.〔(【引用サイトリンク】work=The OTA Legacy )
In its 1985 report "Electronic Surveillance and Civil Liberties", the nonpartisan Congressional Office of Technology Assessment suggested legislation be considered for a surveillance oversight board.〔(【引用サイトリンク】work=Electronic Surveillance and Civil Liberties )〕 Congress disbanded this agency in 1995.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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