The word used was "and" not "or".
Do you think the small words like the ones above matter when it comes to law?
I'll stand by my original comment.
And at the very end of the sentence we get this gem:
thus constituted a 'search and seizure' within the meaning of the Fourth Amendment.
A warrant is required for either search or seizure or both, so you are standing at the wrong end of the argument.... again. I honestly can't believe that someone is arguing that the .gov can take anything they want without a warrant as long as they don't look at it. Or are you one of those "they didn't take anything physical" type of people that thinks piracy is perfectly moral because you didn't actually steal any physical property?
So do you think they can take the mail out of your mailbox without a warrant as long as they don't open it? You know, just in case you do something in the future? Actually a better example would be taking your mail and then having a machine open it, make exact duplicates, and then put the original back in your mailbox. But they didn't look at it, scouts honor!
Edit: And yes, I absolutely believe that small words like that matter when it comes to law. Just like the word AND that I pointed out matters when it comes to law, it means that the government not only performed an illegal search but they also performed an illegal seizure. But really, why fuss about the little words mattering when it comes to the .gov following the law when they don't give a fuck about any of the words? For example:
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.
Do
you think little words like that matter when it comes to law?