Judge Rules Blanket Search of Cell Tower Data Unconstitutional
494 points by bradac56 2 months ago | 193 comments- hiatus 2 months ago> U.S. District Juste Miranda M. Du rejected this argument, but wouldn’t suppress the evidence. “The Court finds that a tower dump is a search and the warrant law enforcement used to get it is a general warrant forbidden under the Fourth Amendment,” she said in a ruling filed on April 11. “That said, because the Court appears to be the first court within the Ninth Circuit to reach this conclusion and the good faith exception otherwise applies, the Court will not order any evidence suppressed.”
It continues to amaze me that police are the only group who can use the defense of ignorance of the law.
- Terr_ 2 months agoNot only that, when they lie in conversations/interrogations, they can lie about what the law is, as well as what official acts can/will undertake.
To me there is a fundamental difference between lies like:
1. "Your buddy in the next room already ratted you out."
2. "Sign this admission and you'll only get 6 months, tops. If you don't, we can seize your house and your mother will be living on the streets. "
- some-guy 2 months agoWhen I was a child, I thought police had to go to law school. How else would you enforce the law if you didn't know what the law was?
- redeux 2 months agoI took a class in college from a lawyer who said he started as a cop but wanted to understand the law better so he went to law school at night. When he graduated the chief (or whatever) told him he couldn’t practice law and be a cop, and even though he had no intention of actually being an attorney, they let him go.
- underdeserver 2 months agoWe all have to go to law school.
How could you live in the world without breaking the law if you didn't know what the law was?
- Clubber 2 months agoThey're supposed to be trained on it, and they probably get a week maybe, depending on the academy. The rest is how to beat your ass.
- gosub100 2 months agoPDs have attorneys on call and prior to that they can call their sergeant if they are unsure. Even real lawyers don't know every aspect of every law on the books.
What baffles me is the hypocrisy in the political party that wants more government and regulation is the same one that hates the men who enforce it.
- redeux 2 months ago
- voxic11 2 months agoThey can't do 2. Or at least it would make the confession inadmissible evidence. The case law for this goes back more than a century. The general rule is that the police cannot promise you anything in return for a confession.
> Bram v. United States, 168 U.S. 532 (1897), was a United States Supreme Court case that ruled that an alleged confession to a crime, in order to be admissible, must not be obtained by threats or violence, nor by any direct or implied promises, however slight.
https://en.wikipedia.org/wiki/Bram_v._United_States
The ruling was later applied to the states as well in Malloy v. Hogan
> The Court held that the Fifth Amendment's exception from compulsory self-incrimination is protected by the Fourteenth Amendment against abridgement by a state. When determining if state officers properly obtained a confession, one must focus on whether the statements were made freely and voluntarily without any direct or implied promises or improper influence.
https://www.oyez.org/cases/1963/110
The "you will get X years instead of Y years" has repeatedly been found to make testimony inadmissible. You might be confusing it with plea bargains which are legal but don't involve the police and are actually binding agreements. The prosecutor cannot lie to you about what you will receive in return for your cooperation.
- decimalenough 2 months ago> The general rule is that the police cannot promise you anything in return for a confession.
Yet plea bargaining is basically a promise in exchange for a confession (guilty plea), and that's why it's not allowed basically anywhere except the US.
- decimalenough 2 months ago
- LinuxBender 2 months agoNever talk to the police. Let your lawyers do the talking.
- lcnPylGDnU4H9OF 2 months agoTo add to this: it is the police's job to positively identify those who commit crimes. If they are questioning you, it is because 1) they are investigating a crime and you are a suspect (maybe not the prime suspect but a suspect) and 2) they do not have evidence that reasonably proves that you committed whatever crime (or lack thereof) they are investigating. (Simple game theory for 2: if they had the evidence, they'd use it to obtain an arrest warrant and then prosecute the case; no need for more investigation.)
This isn't good advice only for people who have possibly committed a crime but also (and especially) for those who are confident that they have not. The police are asking you questions to "get to the bottom of it" and they encounter people every day who do think they can lie to get out of a crime; they think you might try to lie to get out of a crime. They won't trust your words but they will verify your words. If your words turn out to be false, then they'll tell the judge/jury that you lied to them, not that you were mistaken; in the absence of stronger evidence (against someone else) they might claim you were possibly even intending to direct their investigation toward a red herring with your falsehoods.
The only revision to this advice I've heard in the past decade-and-a-bit: tell the police your real first and last name if they ask. It's not always a requirement but some states have "stop and ID" laws, which means you have to identify yourself to law enforcement during a "lawful detention" (other states instead require it after an arrest).
- DrillShopper 2 months agoCorollary: if talking to the cops helped you then the police wouldn't be so eager to talk to you
- santoshalper 2 months agoBecause someone, somewhere needs to see this today
- fdb345 2 months agoIm sorry but Ive got to talk to them to take the fucking piss out of them.
My interview tapes are hilarious.
- gosub100 2 months ago[flagged]
- lcnPylGDnU4H9OF 2 months ago
- nemomarx 2 months agoI get your point but actually why can they lie and claim your buddy ratted you out?
- Zak 2 months agoThe assumption, as I understand it is that a guilty person is more likely to confess if they believe the evidence against them is strong, but an innocent person will not believe the lie because they know they didn't commit the crime and generate the purported evidence.
I fear like many other old assumptions about criminal justice that isn't a close match to reality.
- p_ing 2 months agoTax payers don't care enough to force the congress critters to change the laws in <your home state>.
Instead, you get human beings who are shielded by a thin piece of paper who can summarily execute you, then say "whoops, my bad".
Police are nothing more than State-sponsored gang members.
- Terr_ 2 months agoI imagine a lot of it is tradition, AFAICT it was never really banned in the US (or Britain), although in the US it was codified in 1969. [0]
- 2 months ago
- dghlsakjg 2 months agoSimple answer?
Because there is nothing prohibiting it.
- Zak 2 months ago
- plsbenice34 2 months agoI dont see the difference, both should be illegal
- some-guy 2 months ago
- mjd 2 months agoThe rule that illegally obtained evidence is inadmissible exists to disincentivize the police from obtaining evidence illegally.
But if the police believed, in good faith, that a particular search was legal and reasonable, based on the fact that a judge authorized them to perform it, then excluding the resulting evidence doesn't serve that purpose.
Update: This is not a new thing. The good-faith exception has been in U.S. law for decades. See https://en.wikipedia.org/wiki/Good-faith_exception . You may not like it, but it's not something the judge just made up out of thin air.
- plsbenice34 2 months agoExcluding the evidence would incentivize police to stop choosing the most convenient interpretation of the law. They should have to try to make the most accurate interpretation, which means punishment when they are wrong. Just like for everyone else
- mjd 2 months agoNo. In 2020 the police went to a magistrate judge to ask for a warrant. The judge issued the warrant. Five years later, another judge has determined that the warrant should not have been issued in the first place.
That is not the fault of the police, and there is no reason to punish them for it.
- mjd 2 months ago
- ty6853 2 months agoIf I believe, in good faith, I have not broken the law. I should not be convicted.
- mjd 2 months agoThis is not responsive. The police did not commit a crime here.
Also note that there are good-faith defenses to all sorts of crimes, because (for example) there is a difference between knowingly defrauding a customer and just making a mistake.
- addicted 2 months agoIf you believe in good faith that you have not broken the law, and can reasonably convince a jury of that, you almost certainly will receive a lighter sentence than you would have otherwise and in some cases also be acquitted.
So this isn’t really a good argument even if we ignore the fact that it’s a non sequitur.
A better argument is that the good faith exception, while making sense in principle, can easily be abused by the police to make illegally obtained evidence look like it was done in good faith, and therefore the exception itself should be removed because of how difficult it is to actually gauge and enforce.
- encom 2 months agoIf you can cite previous court cases in your favour, you probably won't.
- JumpCrisscross 2 months ago> If I believe, in good faith, I have not broken the law. I should not be convicted
How often does this actually happen in criminal matters?
- __loam 2 months agoThis is a weird concept to people in stem fields, but in law intent matters a lot. It's the difference between manslaughter and murder.
- mjd 2 months ago
- anigbrowl 2 months agoAgreed. Part of the problem here is that there are few consequences (other than perhaps non-promotion) for judges who issue bad warrants, and we don't have good information on how many warrant applications are rejected or wrongly granted.
- anon373839 2 months agoIt is an established principle. But it also is an exception to how our legal system works: you are usually bound, retroactively, by new legal principles when courts “discover” them.
- einpoklum 2 months agoReminds me of the de-facto good-faith exemptions for US police for not shooting civilians, or for the US government for arming death squads, or dictators, or genocidal military campaigns etc.
- reverendsteveii 2 months agoHorseshit. This isn't a criminal conviction, the standard of mens rea doesn't and shouldn't apply. To add a good faith loophole only incentivizes two things: purposeful ignorance and lying.
- mjd 2 months agoLearn to tell the difference between "I don't like it" and "horseshit".
The legal precedent for this goes back decades, and it's been argued by many people better-informed than you.
- mjd 2 months ago
- plsbenice34 2 months ago
- anon6362 2 months agoUS police, in effect, are a lawless, violent, honorless, untouchable, mafia who protect and serve primarily a landed aristocracy. In some ultra-exclusive communities, city police are literally reduced to Dashers and grocery getters. Similar venues and communities in the States also pay for hybrid PMC/LE QRFs who roll with battle rattle more than body armor and long guns.
- cyberax 2 months agoDude, lay off the bong pipe.
> In some ultra-exclusive communities, city police are literally reduced to Dashers and grocery getters
Care to name a few?
- TheJoeMan 2 months agoNot OP, but have you heard the craziness of Indian Creek Village in Miami? [1].
Their police force is 15 for a community of 41 homes[2].
[1] https://en.wikipedia.org/wiki/Indian_Creek,_Florida [2] https://www.indiancreekvillagefl.gov/police/police-staff-dir...
- TheJoeMan 2 months ago
- cyberax 2 months ago
- dataflow 2 months agoYou seem to be misrepresenting the situation. Ignorance of the law is not the defense they are invoking here.
Ignorance of the law is when you claim you didn't follow the law because you were unaware it existed.
This is a case where the court believes police did know the law and did try to follow it in good faith -- that's how they got to their conclusion that it's constitutional -- and that no court had yet reached a different conclusion in that district, until now.
These are distinctly different situations.
- ren_engineer 2 months agocell tower dump and general geofence warrants to Google/Apple were how many Jan 6th protesters were found and charged. Courts threw out all their arguments about this very issue. This is standard practice and was celebrated as cops being smart
here's a Washington Post article lamenting that Google was cutting back on how long they hold location data and how hundreds of people wouldn't have been prosecuted without it- https://archive.ph/r7afb
- AdrianB1 2 months agoIn most cases police is seen as serving the government and having all sorts of protections from sovereign immunity (confirmed in a case when a SWAT team partly destroyed the wrong house), qualified immunity (invented by SCOTUS, there is no such law) and practical legal immunity based on the fact that DAs rarely prosecute and even juries rarely find them guilty when prosecuted. This is why the ignorance of the law is accepted in so many cases as a defense for police, but not for citizens.
- lazystar 2 months agoread between the lines; this is the Kohberger case.
> the Court will not order any evidence suppressed.
this keeps him from getting off scott free
- wutwutwat 2 months agoWho does the court work for? The government. Who do the police work for? The government.
Yeah yeah, they work for “the people” “the tax payer” whatever. They work for the government. They get their paychecks from the same place.
What are you expecting here? This isn’t equal.
- ceejayoz 2 months agoThere's a very good chance the cops in question do not work for the Federal government. They certainly don't work for the judicial branch. It isn't a perfect setup, but it's better than many.
- ty6853 2 months agoThe whole thing is intertwined. Podunk cops often get put on 3 letter task forces and work in a mutual arrangement with each other. They often have a really clever scam going on where they kick seizures up to federal agencies, since it is so much harder to block/contest federal forfeitures than local ones, and then the federal agencies kick back a fraction of it.
Maybe their paychecks don't come from the federal government nominally but in practice it's highly intermixed.
- wutwutwat 2 months agoThey all get paid from my pay check. They work for the government. Level doesn’t matter. They protect their own.
- ty6853 2 months ago
- ty6853 2 months agoIt's ironic that Milton Friedman, the guy that invented income tax withholding, was one of the staunchest fighters against it in the end.
They all get their paycheck straight out your paycheck before you even think about it. It's absolutely brilliant. No one would actually pay for most the horse-shit we get in return if you had to sign the check.
- ceejayoz 2 months ago
- Terr_ 2 months ago
- mjd 2 months agoIt took me a while to track down the actual opinion.
The case, United States v Spurlock, is 3:23-cr-00022 in the Nevada federal district. The opinion itself is ECF document #370, and I have hosted a copy at https://plover.com/~mjd/misc/cell-tower-dump-opinion.pdf in case other people are interested.
- aftbit 2 months agoThanks for finding this! Here's a link to Courtlistener/RECAP, which has a copy of this hosted for free as well.
Docket: https://www.courtlistener.com/docket/67397036/united-states-...
Order: https://storage.courtlistener.com/recap/gov.uscourts.nvd.162...
- LiamPowell 2 months agoThey've clearly read this to write this article. I don't understand why they don't at the very least reference it, even if they don't provide a direct link.
- aftbit 2 months ago
- Jimmc414 2 months agoInteresting that the recent ruling against blanket cell tower data searches wouldn't have affected the Mark Gooch case. In that insatnce, investigators used targeted cell phone data (ie "geofencing") to track his movements, not a mass data collection. Under the new standards, this type of focused surveillance would still be permitted.
https://www.youtube.com/watch?v=YBBTfy29WKI
They absolutely wouldn't have caught him without the cell phone data, highlighting in my mind, the fine line between privacy and safety, which is something I personally struggle to articulate clearly. While it's reassuring this ruling wouldn't affect this case, I can easily see how "tower dumps" could be misused. It's confusing, though, that the judge ruled this unconstitutional action permissible "just this once." Either it's unconstitutional or it's not. Judges shouldn't have the authority grant one-time exceptions.
- mjd 2 months agoThe judge's opinion explains this in detail. It depends on the so-called "good-faith exception" to the exclusionary doctrine.
The idea is that if the police tell the truth in their warrant application of what they are looking for and why, the judge issues a search warrant, and the police lawfully execute the warrant, then there's no point in suppressing the evidence just because, years later, it's determined that the warrant should not have issued.
- djrj477dhsnv 2 months agoThere is a point: protecting the accused against unconstitutional searches. That certainly seems important.
Whether the police violated the constitution in good faith or not is irrelevant when it comes to the rights of the accused.
- darawk 2 months agoThere's no point in protecting one individual against an unconstitutional search that proves him guilty. The constitutional issue is the ability to have conducted the search in the first place. The only reason we suppress accurate, but unconstitutionally obtained evidence is to disincentivize the action in the future. This "good-faith exception" strikes that balance pretty ideally.
The defendants rights were violated, but there is no doubt about the legitimacy of the data, and what it implies. Police now know they cannot use this method in the future, so suppressing the evidence in this particular case does not disincentivize anything, as long as its made clear that it cannot be done in the future.
- darawk 2 months ago
- djrj477dhsnv 2 months ago
- mjd 2 months ago
- reverendsteveii 2 months agoHow many times recently have we seen rulings from judges that establish that something is definitely illegal but the person who did is still allowed to do it or at least there's no mechanism by which they can be punished for doing it? Having laws and then picking and choosing when they'll be enforced and against whom is the same as not having laws in the first place. And before you cite the good faith exception, passing a law that says "It's legal to pick and choose when the law applies" doesn't legitimize it.
- _DeadFred_ 2 months agoRemember in every system people push up to and just as far over the line as they can get away with.
'Good faith' is given when chain of custody is broken. 'Good faith' is given way too much. Either the 4th Amendment is serious enough to have power/force over law enforcement/judicial, or it doesn't. And with good faith, it doesn't.
'our side violated the law but because of the divisions of power, our side didn't violate the law and we are going to give good faith to our side that our side was acting in good faith'. It's all window dressing to say 'the fourth amendment is superseded by other factors that a judge get's to decide at their discretion and the fourth amendment is not in fact the law of the land, a judge can overrule it with 'good faith''.
- dylan604 2 months ago“That said, because the Court appears to be the first court within the Ninth Circuit to reach this conclusion and the good faith exception otherwise applies, the Court will not order any evidence suppressed.”
At least the weasel words allow/recognize that the decision is made on a branch of unknown strength. The branch may snap if other judges overrule, or it may be found to be a main branch if other judges uphold the decision. I'm not a legal scholar, but that's the first I've heard of this type of acknowledgement. However, seems like the courage ran out at that point instead of denying the evidence to be used, and letting it go to appeal to test the thickness of that branch.
- refulgentis 2 months ago"Weasel words"
"courage ran out"
...
"I'm not a legal scholar,"
:/
I'd at least avoid the mind-reading.
- refulgentis 2 months ago
- _DeadFred_ 2 months ago
- flipnotyk 2 months ago"It's unconstitutional and illegal, but you're not being held accountable and you can still use the data." Yeah that tracks.
- mjd 2 months agoIt is not reasonable to hold someone accountable for doing something illegal in 2020 that was only determined to be illegal in 2025.
The police officers applied to a judge for a warrant. The judge gave them the warrant. Now another judge says that the warrant should not have been issued in the first place. How is that the police's fault? How would you hold them accountable?
- einpoklum 2 months agoYou're conflating "holding accountable" and "letting benefit".
The question isn't whether the police officers who initiated the tower dump should go to jail or be fired, but whether the evidence they obtained would be admissible. It shouldn't be.
Also, a cell tower dump is not an act in good faith - neither in 2020 nor in 2025, regardless of whether the court lets it slide or not.
- pcaharrier 2 months agoThis is the basic idea of the good faith exception to the exclusionary rule. The exclusionary rule was supposed to deter police misconduct (e.g., searching a house without a warrant, thereby violating the Fourth Amendment) by preventing them from using evidence they never should have had. But the deterrence rationale doesn't hold up that well when the police reasonably (and that's key) believed that they were acting lawfully.
- _DeadFred_ 2 months ago'Your constitutional rights were violated but tough luck, nothing can be done about it because the court is extending special 'good faith' courtesy to the police that you don't get (some animals are more equal than others in court decisions/considerations when minor laws (the fourth amendment) are broken)'.
And people wonder why American's are apathetic to it all. A judge can just wave away constitutional violations all day/every day because 'good faith'.
- _DeadFred_ 2 months ago
- djrj477dhsnv 2 months ago> It is not reasonable to hold someone accountable for doing something illegal in 2020 that was only determined to be illegal in 2025.
Tell that to a financial regulator and see where it gets you. That's how it works for everyone else. Just because a law hasn't been clarified yet doesn't stop it from being applied to your past actions after courts have clarified it.
- const_cast 2 months agoSure, if the thing in question were someone being tried with a crime.
Rather, it's the opposite. It's not "punishing" police to say "hey, you can't use this evidence". That's not a punishment for them, they shouldn't personally be offended by that. And we certainly shouldn't be comparing that outcome to as if the police are being put behind bars.
We shouldn't be putting people behind bars with bad evidence just because we didn't know it was bad when we got it. No, we should retroactively say "hey, we can't use that evidence". If that hurts the police's fee fees I don't think that should come into play. I don't think that's a metric we should be optimizing for.
- op00to 2 months agoIf a warrant is later found unconstitutional, that means it was always legally invalid, not newly illegal in 2025.
- 2 months ago
- einpoklum 2 months ago
- 2 months ago
- mjd 2 months ago
- keernan 2 months agoI've never been completely comfortable with the concept of potentially freeing criminals because of wrongful conduct by the police.
The argument is there must be a way to protect society against the use of illegal methods by the police. I'm not confident, however, that the Exclusionary Rule actually accomplishes its purposes. I suspect the police 'roll the dice' all the time in their investigations, knowing full well they are unlikely to pay much of a personal price if their illegality gets discovered.
I've always thought charging police for their illegal conduct in a special federal system that handled all cases of wrongful conduct by police nationwide; with high conviction rates and penalties that start with termination and loss of pension and move on from there to add long prison terms. A system with special judges and prosecutors and civilian oversight.
Not likely to happen, so I guess we are stuck with letting criminals and the cops walk free.
- transpute 2 months agoEFF tool to counter BYOT (Bring Your Own Tower), https://news.ycombinator.com/item?id=43283917
- IncreasePosts 2 months agoSo the warrant is forbidden - could the police just ask nicely for the data and have telcos provide it?
- autoexec 2 months agoIf police just ask they'll usually be rejected, but police have found it a lot easier to offer to pay for that data and companies have been happy to turn it over while stuffing their pockets with taxpayer money.
- autoexec 2 months ago
- dmix 2 months agoOntario Canada figured this out in 2016.
https://financialpost.com/technology/police-breached-cellpho...
- ccleve 2 months agoThe issue in this case is being tested in other cases. It's about the "third party doctrine", the theory that the fourth amendment does not cover our information if it is in the possession of a third party.
https://nclalegal.org/press_release/ncla-asks-supreme-court-...
I blogged about this some time ago: https://ccleve.com/p/a-privacy-amendment
- johnea 2 months agoI wonder if this also applies to the widely deployed stingray cell tower emulators, which effectively institute a Man In The Middle breach of cell phone communications...
- thatguymike 2 months agoIf this holds, can cops still ask for whether a specific phone number was present on a cell tower at a certain time? I can't tell if it's the breadth of the data collection that's unconsitutional because it catches lots of innocent people's data; or if it's the concept of using cell towers altogether.
- mjd 2 months agoIt's the breadth. Searches have to be narrowly tailored to provide evidence of the specific crime being investigated. There's discussion of this on pages 12–13 of the judge's opinion.
- mjd 2 months ago
- Analemma_ 2 months agoDo law schools even bother teaching about "fruit of the poisoned tree" anymore? It's clearly a dead letter; this is yet another ruling that if you gather evidence illegally you'll get a finger-wag but allowed to proceed as usual. Why even have a notion of legality of evidence if it doesn't matter?
- mjd 2 months agoThe purpose of the "fruit of the poisonous tree" doctrine is to disincentivize illegal collection of evidence. But there has always been a good-faith exception to it: if the police genuinely believed that what they were doing was legal, as they did in this case, relying on established legal precedent, then throwing out the evidence doesn't disincentivize anything.
But the declaration that cell tower dumps are illegal now disincentivizes future police from relying on dumps, since they now know (or should know) that such evidence will be thrown out. And more to the point, magistrate judges will stop issuing warrants for cell tower dumps.
- topspin 2 months ago"fruit of the poisonous tree" is one of those "magic words" that a lot of people think will preclude prosecution. Judges frequently make exceptions and judgement calls on whether a given search was legal, and people are frequently convicted on "poisoned" evidence, and evidence compromised in all sorts of other ways.
- kevinventullo 2 months agoif the police genuinely believed that what they were doing was legal, as they did in this case, relying on established legal precedent, then throwing out the evidence doesn't disincentivize anything
This is obviously false. It would disincentivize the police from collecting evidence without first ensuring that the method of collection was legal.
- multjoy 2 months agoThey did. They went to a judge and got a warrant.
- multjoy 2 months ago
- reverendsteveii 2 months ago>since they now know (or should know)
but can you hold them to that in any manner or does each officer need to be told officially and continue to plead ignorance of the law until they are in some documented way informed of it? can you plead ignorance of the law if you know it's not legal to dump all traffic from a cell phone tower but no one said that it's not legal to dump all the traffic from a web server (assuming for the sake of argument the obv interpretation that this ruling applies to all data stores that contain data from multiple people)? Every time you need to violate the constitution can you just have the new guy do it? Does declaring this illegal actually do anything to protect the rights of people who did nothing wrong and had their data seized and pored over by police anyway?
- AdrianB1 2 months ago>> Does declaring this illegal actually do anything to protect the rights of people
Yes, next time they do it the data cannot be used in court as it was already declared anti-constitutional by that Circuit and good faith argument cannot be used. Good faith and not knowing the law are different; good faith can be used when the law is not clear enough and there was no rule to clarify.
It happens very often with 2A restrictions that are overturned by courts, but they are in effect for years and when they are repelled by courts then similar laws are passed just to be repelled years later, but during all the years there is an anti-constitutional law in place with prohibitions. So police cannot do cell searches, but local governments can enact anti-constitutional laws with intention and wipe rights successfully, for example laws that mandates telecom companies to provide the data to the police.
- AdrianB1 2 months ago
- 2 months ago
- topspin 2 months ago
- mjd 2 months ago
- jmorenoamor 2 months agoCouldn't the data be anonymized in a way that the police can track and relate some hashed ids with crimes, and then, via judge approval, ask the telecom companies to deanonymize them?
- tlogan 2 months agoI assume this will go all the way to the Supreme Court. Is issuing a warrant to do blanket search of cell tower data unconstitutional?
- nzeid 2 months agoI am not a lawyer but here it goes:
If the target of the warrant itself is the carrier/telecom - probably constitutional, but I imagine there'd need to be a pretty good explanation.
If the target of the warrant itself is a single customer of the carrier/telecom - Absolutely unconstitutional.
E.g. You can't get the transaction history of every customer of a bank just because one of its customers is a suspect.
(Edited for clarity.)
- sigwinch 2 months ago“and the persons or things to be seized” suggests otherwise. NSLs wouldn’t be challenged this way.
- nzeid 2 months ago
- fsckboy 2 months agowhat's the difference between eyewitnesses reporting their recollections of EMF data gathered by their eyes, a surveillance camera collecting and recording EMF data, and a cell tower collecting and recording EMF data? In the case of the cell tower, the suspect is always carrying a "flashlight", but in the other cases he may be.
- axus 2 months agoReasonable eyewitnesses omit people + location + times weren't suspicious. The camera only leaves out people at other locations, the cell tower data doesn't leave anyone out.
- VanTheBrand 2 months agobecause the law is not a math equation and context matters.
- fsckboy 2 months agothe contexts are identical, it's how, and as importantly why, i constructed my question: criminal does something, is detected, claims "but for my detection, i would not be before this court"
police investigating canvas for witnesses, canvas for ring doorbells cams, and ... canvas for cell towers.
identical, not analogous.
- fsckboy 2 months ago
- axus 2 months ago
- fdb345 2 months agoThe Constitution needs to be mirrored in all Western Nations otherwise Tyranny is guaranteed.
- 2 months ago
- Improvement 2 months agoPaywall free link: https://www.courtwatch.news/p/judge-rules-blanket-search-of-...
- riffic 2 months agoguess they'll just keep doing it anyways and will now do "parallel construction" to get a case through court.
- excalibur 2 months agoDid they blow the cell phone snooping machine up when they were done like in The Dark Knight?
- thrance 2 months ago[flagged]