03/02/2020
In re 381 Search Warrants Directed to Facebook, Inc. :: 2017 :: New York Court of Appeals Decisions :: New York Case Law :: New York Law :: US …
we would now recognize as a liability rule for Fourth Amendment violations. "Do you
suppose, for example, that the barons at Runnymede, when they insisted on their rights
from King John, were asking for the right to sue King John's police officer? . . . Do you
suppose that they had any idea at all, when the asked to have this written into the Magna
Charta, that what they were actually asking for was the right to go to King John after he had
violated it and say, 'Now, King John, won't you remove this officer?' Why, of course they
didn't. You know they didn't. There is not a man or woman in this room that believes that
when the American colonists back in 1776 were putting up the fight for freedom and for
liberty, when they drew up their Constitution and they put these things in, that they had
any such idea in mind. Do you think the men who fought at Bunker Hill, do you think the
men who walked in the snow with bloody feet at Valley Forge, do you think that the men
that fought over here at Ticonderoga, were fighting for the right to resist the police officers
of King George? Do you think they were fighting for the right to sue a police officer of King
George, or do you think they were fighting for the right to resist an unreasonable search
and seizure on the part of King George's henchmen? You know they were not. You know
that when they wrote that into the Bill of Rights of the Federal Constitution they thought
those were living words, not a mere empty skeleton without any meat or flesh or blood
upon it." (Revised Record at 460)
https://law.justia.com/cases/new-york/court-of-appeals/2017/16.html
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