Those methods of enforcing law which, by their nature, prevent defendants from acquiring evidence in their defense are unconstitutional because a right to a fair trial is required. Applications of law which necessarily disadvantage defendants deny this right.
The application of search warrants, for example of telephone communications, may be said to present an analogous situation which ought to be allowed. This bears no weight because the analogy is flawed. While these searches ought to be allowed, they ought to be so only as the direct result of the fourth amendment which acts as an exception to the right herein described.
In sum, the right to a fair trial provides the accused with the right not to be subject to actions which necessarily prevent them from gaining evidence. Warrants provide an exception to this rule.
