I agree, the fourth amendment is watered down to the point that would make the founders pretty mad.
Then again, they didn't have the internet, television, electricity, pasteurization, antibiotics, or crack cocaine.
No, I am not justifying the erosion of the fundamental principles of American Law. I am just saying.
I want my government to keep out of my business.
It is a very newsworthy item when a piece of crap uses the 4th amendment to throw out the bloody glove, the knife and the video tape of the murder.
"Oh, you weren't allowed to look there."
"But look what we found!"
"Well, since you weren't allowed to look there, you can't use that against me."
"But you are a nutjob murdering asshole! We have the evidence!"
"Well, you have it, but you can't put me in jail. The founding fathers said so."
"Uh, I think the founding fathers would have hung you from the closest tree."
Is there a middle ground in law? I was told no. But what is ethical? What is the right thing? How would the public be best served? It sure isn't letting very bad people get away with a crime.
But the founders also wanted the government to stay the HELL out of your private business.
What if my private business hurts the public? Shouldn't the government stop it? Only if they know about it, which they can't, if I keep things private.