1st ammendment violated?

[andy-akb]

So again, how exactly would we change the constitution to only help the good guys and not the bad guys?

Well you dont actually need to for this case. If the constitution protected the printing of child pornography magazines then you would make a specific amendment which said that you are not protecting the right of people to harm others, or to incite them to harm others. You wouldnt actually need to ammend the constitution to do this. You just need a judge to say that this isnt actually how it was ment to work and send the guy to jail. Then that case can be used as a precedent and everything works fine and dandy after that.

The constitution was meant to protect all people from abuses of power, whether they are guilty or not. If a judge rules that any search of somebody who has been proven [through the search] to harm others is constitutional, then that completely throws out any and all constitutional protections. For it to get far enough for a judge to have to rule on it, the search would have had to already take place. So essentially nobody would have any protection from any searches because if you were innocent then there wouldnt be a case so even if the search were unconstitutional it wouldnt matter because there would be no charges to contest. By doing something like this and only protecting the innocent [which it wouldnt even do as nobody would be protected] you would be going against the entire spirit of the constitution. Does it suck that some people get let go because of a constitutional violation? Yes, but this is inherent to protecting all people and protecting against absues of power.