I actually disagree...common sense is in fact an argument...in fact it is a 4th Amendment legal argument. When a Court hears whether a search and seizure was reasonable common sense arguments often prevail. For example, you have reasonable expectations of privacy if you were in an old school public phone booth, but not on your cell phone in public...you have a reasonable expectation of privacy in your trash, that is until it hits the curb then the government can seize it (without a warrant) and use it against you in trial.

As interesting as Rayiner's points are, even if he is citing case law/legal precedent it does not make him right. At the end of the day it only matters what 9 people think, and guess what more often than not those 9 people are at odds with one another, and often to the tune of 5-4 - nevertheless what the majority/plurality of those 9 opine becomes the law of the land, still that does not make any of them right either.

One of the more interesting 4th Amendment issues is that it only applies to the Government, so the Government can not simply have a private citizen seize evidence without a warrant and use it as evidence, but they can use unlawfully obtained evidence so long as they did not direct the individual who originally obtained it...think how the Government used the photos hacked by Anonymous in the Stubenville Rape case. Ironically I think this could be one of the strongest arguments is that telecoms are actually working on behalf of the Government to obtain evidence they could otherwise not get without a warrant - in fact I would go so far as to say the Government is paying telecom companies to do this on their behalf.

boorish.

You'd think all these experts would have bothered to read up just a little bit on SCOTUS cases like Smith v Maryland, etc, but I guess it's just easier to grunt Freedom.