21st-century Fourth Amendment faces first legislative test in Virginia

The Fourth Amendment reads: 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. Virginia was the home of the Fourth Amendment’s author, James Madison, but Virginia oddly does not have its own Fourth Amendment.  Earlier, weaker language prohibiting “general warrants” for searches and seizures drafted by George Mason is found in Article I, Section 10 of the Virginia Constitution. Monday, a subcommittee in the Virginia General Assembly will hold the first hearing on HJ 578, introduced by Delegate Rich Anderson.  It is a Fourth Amendment for the 21st century. The proposed amendment clarifies that unreasonable searches and seizures may not be made of our digital data...(Read Full Post)