Judge Rules Blanket Search of Cell Tower Data Unconstitutional: Judge says tower dumps violate the 4th amendment, but will let the cops do it this one time, as a treat. (www.courtwatch.news)
from Tea@programming.dev to technology@lemmy.world on 18 Apr 18:39
https://programming.dev/post/28842054

A judge in Nevada has ruled that “tower dumps”—the law enforcement practice of grabbing vast troves of private personal data from cell towers—is unconstitutional. The judge also ruled that the cops could, this one time, still use the evidence they obtained through this unconstitutional search.

#technology

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PunkRockSportsFan@fanaticus.social on 18 Apr 18:42 next collapse

This sounds like a meaningless ruling. The fascists go what they want unfettered.

When will you have had enough?

SnotFlickerman@lemmy.blahaj.zone on 18 Apr 18:51 next collapse

this one time, as a treat.

Thanks for this, at least it gave me a chuckle in these dark times.

originalucifer@moist.catsweat.com on 18 Apr 18:55 next collapse

he admitted its unconstitutional... cant that be used for an immediate appeal?

timewarp@lemmy.world on 18 Apr 19:31 collapse

Yes & no. Sadly case precedent in matters like this typically favor law enforcement & prosecutors for multiple reasons. One of them being where they argue if they make the ruling retroactive, then thousands of convicts where they used similar evidence would also be eligible for appeals or dismissal. Another more messed up reason is that if evidence is obtained illegally, if it still “proves” a defendant is guilty, the courts have came up with certain exceptions where it can still be used.

Frozengyro@lemmy.world on 18 Apr 23:51 collapse

So anything discovered further is ‘fruit of the poisonous tree’ and no longer admissible as evidence. But since it wasn’t ‘wrong’ at the time it was done it is admissible?

Is that correct?

Tillyface89@lemmy.world on 20 Apr 16:48 collapse

It’s basically a good faith exception. At the time it wasn’t known it was illegal so the police couldn’t have known. Now that they know anything forwarded becomes inadmissible.

catloaf@lemm.ee on 18 Apr 19:38 next collapse

Shit or get off the pot, your honor.

Soap, ballot, jury (you are here), ammo.

Nougat@fedia.io on 18 Apr 20:11 collapse

Slight correction:

Soap, ballot, jury, (you are here) ammo.

homesweethomeMrL@lemmy.world on 18 Apr 20:25 collapse

I mean, presumes facts not in evidence.

conditional_soup@lemm.ee on 18 Apr 20:43 next collapse

Well, it’s only constitutional this one time. Every other time, it isn’t.

Redditsux@lemmy.world on 19 Apr 04:13 collapse

American court system has become a monkey court.