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Interesting 4th Amendment Warrant Case Coming Up

Posted on 8/5/26 at 6:22 pm
Posted by boosiebadazz
Member since Feb 2008
86320 posts
Posted on 8/5/26 at 6:22 pm
Out of the Fifth Circuit. District court judge in MS rules that tower dump data is a prohibited general warrant. Great line of “you’re asking me to deliver you a haystack that may contain a needle”.

This comes after SCOTUS ruled geofence data from tech companies required a warrant. All in the background of Flock cameras, AI, and increasing surveillance.

Kagan wrote the recent opinion (Chatrie) and it was 6-3. I think this iteration of the Court rolls back some of the blanket, sweeping surveillance we’ve given law enforcement over the years now that the technology in our pockets has become more ubiquitous.

This post was edited on 8/5/26 at 9:55 pm
Posted by Pragmatist2025
Member since Jun 2025
1396 posts
Posted on 8/5/26 at 6:26 pm to
In before, “If you didn’t do anything wrong, why do you care?”
Posted by boosiebadazz
Member since Feb 2008
86320 posts
Posted on 8/5/26 at 6:27 pm to
actually had a federal prosecutor tell me that at a dinner party recently. Fairly eye-opening.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
82137 posts
Posted on 8/5/26 at 6:28 pm to
Good. Nice to see a based decision.
Posted by boosiebadazz
Member since Feb 2008
86320 posts
Posted on 8/5/26 at 6:29 pm to
That judge in MS sometimes writes flamethrower opinions. He had one on guns after Bruen. I like his gumption
Posted by Pragmatist2025
Member since Jun 2025
1396 posts
Posted on 8/5/26 at 6:34 pm to
quote:

actually had a federal prosecutor tell me that at a dinner party recently. Fairly eye-opening.
Was it before or after he said, “If it saves JUST one life”(?)

There is no need for our freedoms to be ripped away when they are given up ever so incrementally.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
42615 posts
Posted on 8/5/26 at 6:43 pm to
quote:

actually had a federal prosecutor tell me that at a dinner party recently. Fairly eye-opening.

You should have dared him to hand over he and his spouse's phones to strangers and let them search through them for a few minutes.
Posted by boosiebadazz
Member since Feb 2008
86320 posts
Posted on 8/5/26 at 6:44 pm to
I should have. We just met that night and were drinking. It caught me off guard and sobered me up for a second that he just said it.
Posted by Auburn1968
NYC
Member since Mar 2019
27425 posts
Posted on 8/5/26 at 7:28 pm to
A general warrant was the English King's favorite weapon. It allowed his agents to go anywhere and search anything they pleased without cause or reason. Of course it was used to harass the King's critics or suspected critics quite a lot.

Not sure what to think about the cell tower data. Papers would now be mostly electronic documents.

Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Posted by Swamp Angel
West Georgia Chicken Farm Territory
Member since Jul 2004
10452 posts
Posted on 8/5/26 at 7:42 pm to
quote:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


I would feel pretty safe saying that "and effects" covers electronic communications. Hopefully the courts will see it that way as well, but one never knows these days.
Posted by boosiebadazz
Member since Feb 2008
86320 posts
Posted on 8/5/26 at 7:58 pm to
It just took SCOTUS nearly 20 years after the advent of the iPhone to recognize that.
Posted by bamadontcare
Member since Jun 2013
4234 posts
Posted on 8/5/26 at 8:14 pm to
quote:

Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


And effects. Damn those guys were smart.
Posted by TROLA
BATON ROUGE
Member since Apr 2004
14956 posts
Posted on 8/5/26 at 8:28 pm to
I hate that so many “conservatives “ back this type of violation. I fear the government’s use of AI and Tech more than a bunch of T-800s
Posted by GreatLakesTiger24
Member since May 2012
61333 posts
Posted on 8/5/26 at 8:31 pm to
quote:

I hate that so many “conservatives “ back this type of violation. I fear the government’s use of AI and Tech more than a bunch of T-800s

I don't support it but will completely admit I have a hard time getting fired up about it

eta: I do feel bad for the kids though. Zero room for late night shenanigans that might turn slightly illegal in this surveillance state age
This post was edited on 8/5/26 at 8:33 pm
Posted by IT_Dawg
Georgia
Member since Oct 2012
26804 posts
Posted on 8/5/26 at 8:33 pm to
quote:

“you’re asking me to deliver you a haystack that may contain a needle”


DUI checkpoints...
Posted by IT_Dawg
Georgia
Member since Oct 2012
26804 posts
Posted on 8/5/26 at 8:34 pm to
quote:

I hate that so many “conservatives “ back this type of violation. I fear the government’s use of AI and Tech more than a bunch of T-800s


100% agree. Government was never meant to be nearly this big and have so much control or laws.
Posted by boosiebadazz
Member since Feb 2008
86320 posts
Posted on 8/5/26 at 8:59 pm to
quote:

DUI checkpoints...


Threat of imminent harm changes the calculus to me.

And while freedom of travel has been incorporated into a general liberty interest, travel by the most convenient or efficient method has not been guaranteed. Walk your drunk arse home.
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