Earlier quoted context omitted.
If the illegal-ness later comes to light would a court consider evidence from the 'valid' warrant tainted? Always, sometimes?
IANAL, but my understanding is that evidence obtained from an invalidated warrant is disallowed, unless the court finds that it was inevitable that the state would have discovered the evidence.
Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
611–617 of 617 posts
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#612Earlier quoted context omitted.
> When any governing entity no longer respects those rights, it's time to turf the bums out and start again. Interesting that you read it that way. I read it as when YOUR governing entity no longer respects YOUR rights, it's time to turf the bums out and start again. Yeah, everyone has the rights, but not everybody has the same government. The People are not random people, they are citizens.
That document declared "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights"... which part of that says only some men are created equal, or only citizens were endowed by their Creator, or that maybe some Rights are inalienable? I see no room in the wording of the founding statement of the USA to read into it that it's OK for a…
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#613Earlier quoted context omitted.
> Parallel construction happens way less frequently than people think it does This seems like a rather vague claim
I used to be a public defender before I went into corporate and tax practice. Out of roughly 100,000 cases that went through the local PD office while I was there, fewer than 10 involved parallel construction. Including the two neighboring counties, out of nearly 750,000 criminal cases during that time, only about 3 or 4 dozen involved parallel construction, and most of those were gang cases in which the parallel con…
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#614Earlier quoted context omitted.
It doesn't require public education, but it restricts discrimination if it is provided by the state, as all states do. So, yes, it is a Constitutional issue.
Which part of rhe Constitution forbids discrimination based on citizenship status?
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#615Earlier quoted context omitted.
Is it really that bad though. We like painting a negative picture, because we want the US to improve. But on the human freedom index the US is ranked 17 alongside Sweden. The US has problems, systemic and cultural problems that should be fixed. But your risk of getting shot in a mass shooting is low.
"But your risk of getting shot in a mass shooting is low. " But absurdly HIGHER than say, in Sweden. And most gun violence isn't mass shootings. Plus, there's the ever-present specter of medical bankruptcy.
I didn't say the US doesn't have issues, just that looking at the whole picture -- and comparing with other countries, it's not that horrible.
In Sweden economic opportunities are slightly fewer. Not that it really matters, if you live in modern Western country you're doing pretty well.
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#616Earlier quoted context omitted.
Your argument is poorly formed this was an extremely obvious case of reading the plain language of the law as already quoted. Which court it arrived in isn't proof positive of the complexity of the law. Its proof of how irrational and diseased our system of government is. Perhaps you would like to advance an actual argument insofar as abusing access to portable computing devices to virtually riffle through an individ…
It is "obvious" only if you ignore centuries of customs practice and the word "reasonable" in the text. The 4th amendment protection from searches is not absolute.
It's reasonable to search for harmful or illegal materials entering the country. You have a compelling interest in the safety of the citizens and this is likely your one chance to reasonably interdict them before they can cause harm to the citizenry.
No such special circumstance exist for information. Information flows freely and securely over most of the world and interdicting it at the border is laughable. Once you leave behind existing powers and arguments for same you are left making an argument for new powers undreamt of by the founders.
You can argue for example that being able to access all the private words and documents of travelers allows you to make better decisions as far as whom and what ought to be interdicted or examined. This might even be a compelling argument for you. It is however not a continuation of centuries of practice but rather entirely new power that ought to be enumerated in new laws if it is to be granted.
If we insist that we react to the changing landscape provided by technology solely by interpreting what 18th century individuals wrote we ought to interpret very conservatively insofar as grants of government power. If such new powers are needed let the peoples representatives write the required laws.
Re: Court: Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional
#617Earlier quoted context omitted.
They let the border pigs keep all of the illegally and coercively stolen private information from the thousands or millions of phones they've already imaged (under the basis of "it was believed to be legal at the time"), so not really. Third-party doctrine lets them silently access your emails and IMs and texts at rest, and Section 702 as well as creative definitions of "access" let them sniff them all in transit. Pr…
I think you are preaching to the choir a bit, given the HN audience. I suspect that the continuous realtime monitoring that is done by private corporations is as bad or worse. Maybe you don't win the war all at once but one battle at a time.
On the whole, governments have run a lot more prisons, forced labor camps, and concentration camps than private corporations have.
I am not worried about the collection of the data. I am worried about what it will be used for in ten, fifteen, twenty years’ time.