Criteria 3 is a FAIL. Just because something may benefit a criminal is no reason to take it away from an innocent person. Cell phones, vehicles, even guns, take your pick. These things all benefit criminals more than innocent people*, and yet no one is calling for them to be taken away en masse. Even the gun lobby just wants to regulate guns, not take them away from every person.
* Take cars for example. Innocent person uses: drive places, haul things, etc. Criminal uses: drive places, haul things, etc, PLUS get away from crime scenes/police, run over enemies, hide drugs, etc. For every 'thing' that can be used by a normal person, a criminal has those same benefits, plus some additional crime-related uses.
I'm going to extrapolate that to relate to laws as well. Even if a right may aid a criminal in some cases, how do you justify taking that right away from innocent people?