Judge Rules Blanket Search of Cell Tower Data Unconstitutional
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Re: Judge Rules Blanket Search of Cell Tower Data Unconstitutional
#2> 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.
Re: Judge Rules Blanket Search of Cell Tower Data Unconstitutional
#3How 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.
Re: Judge Rules Blanket Search of Cell Tower Data Unconstitutional
#4"It's unconstitutional and illegal, but you're not being held accountable and you can still use the data." Yeah that tracks.
Re: Judge Rules Blanket Search of Cell Tower Data Unconstitutional
#5It 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.
Re: Judge Rules Blanket Search of Cell Tower Data Unconstitutional
#6> 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 e…
Not 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. "
Re: Judge Rules Blanket Search of Cell Tower Data Unconstitutional
#7EFF tool to counter BYOT (Bring Your Own Tower), https://news.ycombinator.com/item?id=43283917
Re: Judge Rules Blanket Search of Cell Tower Data Unconstitutional
#8Do 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?
Re: Judge Rules Blanket Search of Cell Tower Data Unconstitutional
#9> 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 e…
Who 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.
Re: Judge Rules Blanket Search of Cell Tower Data Unconstitutional
#10How 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, pass…
“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.