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US Supreme Court rules geofence warrants require constitutional protections

theguardian.com

161–170 of 311 posts

Re: US Supreme Court rules geofence warrants require constitutional protections

#161
post #94

"armed bank robber in Richmond, Virginia. He fled with $195,000. Law enforcement tracked Okello Chatrie down through their use of geofence warrants. Chatrie had opted in to an optional Google “location history” feature that documented his location every few minutes. He was eventually sentenced to 12 years in prison, after pleading guilty." I will never understand how some people look at this stuff and immediately thi…

Finish your point?

Re: US Supreme Court rules geofence warrants require constitutional protections

#162
post #94

"armed bank robber in Richmond, Virginia. He fled with $195,000. Law enforcement tracked Okello Chatrie down through their use of geofence warrants. Chatrie had opted in to an optional Google “location history” feature that documented his location every few minutes. He was eventually sentenced to 12 years in prison, after pleading guilty." I will never understand how some people look at this stuff and immediately thi…

They think that because governments have a nasty history of killing tens of millions of their own people and need to be restrained.

Re: US Supreme Court rules geofence warrants require constitutional protections

#163
post #123

Earlier quoted context omitted.

Where does the ruling discuss public places? The article quotes the ruling as saying, “An individual has a reasonable expectation of privacy in records about his cell phone’s location.” I don’t think a ruling about private records held by a private entity like google or a phone company naturally extends to surveillance of public places.

> I don’t think a ruling about private records held by a private entity like google or a phone company naturally extends to surveillance of public places. Even when the surveillance is being conducted by a private entity? A private entity that's selling access to its private records of the comings and goings of a sizeable chunk of the population to police who are buying specifically because it would be a 4th Amendmen…

I suspect the argument against that would be that you contract with the cell service provider and so have a colorable interest as a party to said contract. In contrast you have no such contractual relationship with Flock, and if your government contracted with them on your behalf your remedy is to vote harder.

Re: US Supreme Court rules geofence warrants require constitutional protections

#164
post #136

rare scotus W, but i strongly suspect that because this data is "owned" by someone other than the people that generated it that said owners will simply choose to voluntarily cooperate with government inquiries 100% of the time. You can suppress information if the government unconstitutionally compels google to turn it over, but I don't believe that you as a defendant could push to exclude evidence if it was willingly…

Yes, this is the same argument used when the Biden admin during covid pressured the media companies to cancel people and news they did not like for "misinformation" instead of calling it censorship. This and LEOs buying data from Big Corp is just end-running the 1st and 4th amendments which is ultimately fascism.

It’s again legal for the US government to publish propaganda targeted against their citizens,

so you’ll struggle to ever know for sure what’s unadulterated US media.

Re: US Supreme Court rules geofence warrants require constitutional protections

#165
post #74

If it is reasonable to have your privacy in a public place, does this mean that products like Flock which indiscriminately violate your privacy would now require a warrant for law enforcement to access (currently they do not)?

> If it is reasonable to have your privacy in a public place I don't think it's reasonable to have privacy in a public place. All other arguments follow from there. What do you think should be "private" when you step outside your home?

I do. It's not the legal norm in the US, but in many countries you are still considered to have a right of privacy when you are outside your home. In Japan, for example, you can be sued for publishing photographs or video of street scenes without either securing permission or redacting the faces of passers-by.

Re: US Supreme Court rules geofence warrants require constitutional protections

#166

Earlier quoted context omitted.

I think they should be allowed to point it at places inside their store , with prominent disclosure to people entering. I don't think they should be allowed to point it at the public sidewalk.

So what if they mount inside pointing outside?

[deleted]

Re: US Supreme Court rules geofence warrants require constitutional protections

#167

Earlier quoted context omitted.

Was "I don't think they should be allowed to" ambiguous?

[flagged]

Baitposting followed by rudeness and aggression makes for a poor discussion.

Re: US Supreme Court rules geofence warrants require constitutional protections

#168
post #160

Earlier quoted context omitted.

For example, if you're sitting in your living room with a bunch of other people, many of whom know each other, and two people start fighting, you are all witnessing a crime and you can also all identify the two people fighting. It would be ridiculous to require DNA evidence in that situation.

At the same time though, a bunch of people who know each other and the people allegedly involved could very easily share the same incorrect testimony. You wouldn't believe in bigfoot if 5 guys drinking beers swore they saw him while they were camping. Sending someone to prison or worse is much higher stakes. DNA evidence might be too extreme, but I'd expect some sort of evidence to back up a testimony. "What if the w…

Damn its almost as if juries exist to act as the sovereign so the violence which sustains the law can be vested in a general public that cannot be held accountable as a whole, similarly to how at least one member of a firing squad always has a blank.

Re: US Supreme Court rules geofence warrants require constitutional protections

#169

Earlier quoted context omitted.

[flagged]

Baitposting followed by rudeness and aggression makes for a poor discussion.

It wasn't bait posting at all. It was a question for critical thinking. The rude was started with the response to that question. If you think you can tell me what I can do in my own place, you'll get a rude response as well. Where do you get off telling me what I can/cannot do in my private place?

Re: US Supreme Court rules geofence warrants require constitutional protections

#170
post #74

If it is reasonable to have your privacy in a public place, does this mean that products like Flock which indiscriminately violate your privacy would now require a warrant for law enforcement to access (currently they do not)?

> If it is reasonable to have your privacy in a public place I don't think it's reasonable to have privacy in a public place. All other arguments follow from there. What do you think should be "private" when you step outside your home?

You're suggesting people can look through your briefcase, purse, backpack without a warrant in a public place.

> What do you think should be "private" when you step outside your home?

I believe my papers and effects should NOT be subject to unreasonable searches.

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