Isn't A Search Warrant Supposed To Violate Privacy?

But this does actually bring up an interesting dilemma.

A search warrant is supposed to allow law enforcement to find something you want to keep private. Violation of privacy is the whole idea of the warrant.

But, the defendant is supposed to have the ability to challenge the basis on which the warrant was obtained, as a protection against abuse by the government.

The defendant has the right to defend himself against the evidence presented against him - including the manner in which it was acquired. In this case, it doesn't seem as though the defendant is being afforded that right.

I understand the national security concerns involved here, but we also have to balance that against the need to protect the rights of the accused until such time as they are convicted. The government has got to find a better of way of handling these situations.

A defendant shouldn't have his only defense reduced to the fact that a search warrant violates his privacy. The government got to present their case to a judge; the defense is entitled to rebut that government's cases point by point.

To take away that right is to take away too much. The potential consequences of abuse are just too great.