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[–] 43 points 4 months ago

Poor titling. The restriction is not in place. Thry have only sent it back to the lower federal court to let them determine if it counts as a 4th amendment search before making a decision. The NPR article is significantly better. https://www.npr.org/2026/06/29/nx-s1-5844697/supreme-court-restricts-use-of-geofence-warrants

If this does come back as a 4th amendment search, this might kill Flock and other fixed are surveillance devices in a really fun way. God, I can only hope. (But realistically I know they won't restrict shit)

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  • [–] 34 points 4 months ago

    We should frame all cases as things the supreme court wouldn't want done to them. Like know the location of Clarence Thomas on his owner's yacht.

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  • [–] 47 points 4 months ago

    The fact we had to have the supreme court rule this is insane to me. "Hey this search is going to violate the privacy of hundreds of people in the search of finding one person, do you think this is ok? Yea defo lets do it"

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  • [+] 18 points 4 months ago* (last edited 4 months ago) (12 children)
  • [–] 2 points 4 months ago (11 children)

    If they didn't get a warrant then this ruling means that every court must require that the evidence be suppressed.

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  • [+] -1 points 4 months ago* (10 children)
  • [–] 4 points 4 months ago* (9 children)

    The President doing illegal things has no bearing on the admissibility of evidence.

    The judge decides what is allowed to be used at trial. If the prosecution ignore the judge and presents it anyway then the judge rules the case a mistrial. If the judge allows it then the court of appeal would overturn the ruling.

    This doesn't stop them from illegally obtaining the evidence, but it provides the ruling that prevents it from being used at trial.

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  • [+] -3 points 4 months ago* (8 children)
  • [–] 5 points 4 months ago* (7 children)

    Are you asking for help understating what I wrote? Or do you think that sarcastically attacking strawmen of your own creation is an argument?

    Corrupt judges and bad decisions are why courts of appeal exist. These courts use multiple judges chosen at random specifically to prevent the kind of collusive behaviour that you're implying.

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  • [+] -1 points 4 months ago* (6 children)
  • [–] 2 points 4 months ago (5 children)

    Yes, if the world were a John Grisham novel, some nefarious group could blackmail multiple judges across all levels of the appellate provesd, rig the system to ensure they're all assigned the case (by blackmailing the clerk of clurt) in order to ensure that they would have a chance to show illegally obtained location evidence to the jury, all 12 of whom are also blackmailed (why not?) to prove a person's phone was at a specific location.

    Do you have any other fantasy scenarios that need co-signing?

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  • [+] -1 points 4 months ago* (4 children)
  • [–] 3 points 4 months ago (3 children)

    I'm talking about the location evidence that is the topic of the Supreme Court ruling linked in the OP of this thread where you're crafting your bad faith arguments.

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  • [–] 16 points 4 months ago (3 children)

    So now LEO's will just buy the data, instead of getting warrants, right?

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  • [–] 10 points 4 months ago (2 children)

    No, they can't obtain the data without a warrant.

    That broadly covers every way that information could come to them.

    It's like how the police can't search your apartment without a warrant even if the landlord voluntarily makes them a copy of the key.

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  • [–] 11 points 4 months ago

    It's crazy that we need rulings to provide basic rights, but sure I guess,

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  • [–] 6 points 4 months ago (1 child)

    They'll just do it illegally and conveniently leave out how they tracked down whoever's location but it's a nice sentiment.

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  • [–] 4 points 4 months ago

    it's 100% legal for them to just buy all the data they want, which is what they do anyway. it's taxpayer $ anyway, so why should they care.

    this ruling just says they can't forcibly acquire that data, nothing about not buying it

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  • [–] 3 points 4 months ago (8 children)

    Except that this administration only gives a shit about what the courts say when they find in their favor...

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  • [–] 1 point 4 months ago (7 children)

    They can illegally obtain the data all they'd like, this ruling means that the data obtained like that will be suppressed and not allowed to be shown to a jury.

    Ignoring that would result in a mistrial and that decision would be upheld all the way up the chain via appeals.

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  • [–] 0 points 4 months ago (6 children)

    Yeah, but you and I both know once they've identified a target, no matter what the means, they'll use that identification to build a case that doesn't involve the location information... Arguing "inevitable discovery" the whole way.

    And either way, they'll prosecute.

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  • [–] 2 points 4 months ago (5 children)

    As you and I both know, a case built on illegally obtained evidence is also illegal.

    They can present whatever arguments they'd like and a judge can read the above Supreme Court case, rule that their case is built on illegal evidence and dismiss it. If that judge does not the the judges in the court of appeals can overturn the lower court.

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  • [–] 1 point 4 months ago (4 children)

    All you have to do to get evidence admitted is show you could have arrived at it via a different (legal) path.

    Usually it takes a really good lawyer to argue fruit of the poisonous tree successfully.

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  • [–] 1 point 4 months ago (3 children)

    This ruling confirms that there is no other legal path to obtain that data which isn't a warrant.

    Of course, you're right that there are other ways to prove location, but the digital evidence (as in this case) would be suppressed and the jury would not hear it.

    The case that launched this Supreme Court decision is pretty textbook poison fruit. The subsequent search warrant which obtained the gun and cash was obtained specifically because of the geofence warrant. The lower court still has to determine the legality of the original warrant, but if it was found to be unreasonable (likely, overly broad) then all of the evidence including the custodial confession would be tossed.

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  • [–] 2 points 4 months ago (1 child)

    This ruling confirms that there is no other legal path to obtain that data which isn't a warrant.

    The supreme court ruling doesn't go this far.

    The ruling says that a search occurred when LEOs obtained the geofenced location data from a service provider. The case was sent back down to the circuit court to determine whether or not a warrant was required.

    There are various exceptions that allow the government to conduct warrantless searches under the 4th amendment. For example:

    • the "frisk" in a Terry stop to search for weapons.
    • search with consent
    • search incident to arrest
    • hot pursuit and exigent circumstance allow police to follow suspects into a place, but not usually to then go looking for stuff.
    • searches within the (generous) border zone for border enforcement
    • searches at airport security and similar contexts
    • public roadway DUI checkpoints and other road safety checkpoints that stop all drivers.

    It's not obvious that any of those apply to this case, but maybe they do. The circuit court will decide.

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  • [–] 1 point 4 months ago

    That's fair, I was adding a bit of my own judgment into that statement.

    I believe that the circuit court will find that this is a typical search, requiring a warrant, but the Supreme Court didn't explicitly say that.

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  • [–] 3 points 4 months ago

    Otherwise, we could do a sweep of one of their kid-fuck compounds and see which CEOs and politicians are there.

    This way, they can prevent themselves from being spied on while also approving every single warrant against any of us, thus giving themselves all the info on us and jack shit on them.

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  • [–] 3 points 4 months ago*

    Because the rich don't want the government to look at their location data.

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  • [–] 1 point 4 months ago

    I mean, they have to have another coup at some point soon right?

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  • 7 comments in c/politics@lemmy.world view that post
    [–] 26 points 4 months ago (1 child)

    So they're going to be taking down all the flock cameras then, right?

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  • [–] 17 points 4 months ago

    Flock is planning around that.

    They're increasingly making deals to put their surveillance tech on private property facing public property. The Amazon deal fell through, but it'll be back much more quietly.

    One of the groups they're making deals with is HOAs. They're replacing their existing neighborhood cameras with Flock cameras super cheap in order to get cameras facing the road where municipalities have banned them.

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  • [–] 23 points 4 months ago (2 children)

    In dissent, conservative Justice Samuel Alito said he would have found that no warrant is required, calling the ruling an “irresponsible escapade” that the court should never have agreed to hear.

    He accused the majority of “striking a pose as a great champion of privacy in the digital age.”

    And he says that like it's a bad thing. What an asshole.

    Not really a surprise, but worth pointing out anyway.

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  • [–] 14 points 4 months ago (1 child)

    Alito is basically a cartoon character at this point.

    Shouldn't be long now before he rules that it's constitutional to tie young women to train tracks, so long as corporate profits are involved somehow.

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  • Shouldn't be long now before he rules that it's constitutional to tie young women to train tracks, so long as corporate profits are involved somehow.

    Trolly problem is constitutional, and the corporation in charge of the lever can’t be held liable as long as profits go up

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  • [–] 14 points 4 months ago

    Misleading headline: The Court didn't actually say that a warrant was required for these geofence searches.

    What the court actually said: a request for geofenced location data addressed to a service provider is actually a search that could require a warrant. These requests are not just subpoenas for business records.

    The supreme court sent the case back down to the circuit court to determine whether a warrant was specifically required in this case.

    When it comes to searches, a warrant is usually required, but there are a number of complicated exceptions for "reasonable" searches where no warrant is needed.

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  • [–] 3 points 4 months ago

    huh, I wonder what effect this ruling will have on Flock's business.

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