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Originally Posted by dksuddeth
what law, and how do we get laws that are intentionally circumventing the bill of rights?
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I think that you're intentionally ignoring the fact that the Constitution and by proxy the BOR has to grow to accomodate new technologies. Given the advent of recording technology, I easily see how it's possible to write a warrant to gather information on an ongoing basis at a particular place. Assuming that a warrant detailing exactly what is going to happen is in place, I don't see how a criminal has a reasonable expectation to privacy in the commission of a crime. A warrant ensures that a judge will be reviewing the rationale and confirming the expectation that a crime is being committed. If not, then I completely agree with you.
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Originally Posted by dksuddeth
Not that I've got great detail on this particular case, but according to the 4th, 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.would seem particularly relevant. Again, without a lot of detail it is very difficult to ascertain what evidence was used to get the original warrant, but I'm having a very hard time acknowledging the constitutionality of the repeated entries when they already had a copy of the hard drive. Because they aren't smart enough to have foreseen encryption means they can break the law to get the evidence they need? slippery slope if you ask me.
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I don't see what your objection is here. As long as the warrant describes that the agents are going to place some sort of keystroke counting virus on the offending computer in order to decipher the seized hard drive, there doesn't seem to be a constitutional conflict. Let's put it in pre-computer terms. Let's say that the government seized a log book of loan shark agreements that was in code, but they couldn't crack it. If they discovered that the key to the code was stored in another location, wouldn't a second warrant be appropriate? Again, the multiple physical entries troubles me, but that's something altogether different.