Re:Court: Feds Can't Just Grab Someone's Laptop at the Border
by pluma on Tuesday August 25, 2015 @10:21AM
(#10116644)
You may think that, but unless the effect actually travels down the chain of command, nothing will change.
Right now, it's probably beneficial or at least harmless for an LEO to seize a laptop without a justification that holds up in court. The same goes for their superior allowing or outright instructing them to do so. And so forth all the way up the chain.
There is no direct impact on the LEO who does it from the court decision that it was unjustified. Unless they or their superiors (or someone higher up the chain) are personally held accountable, why should anything change?
It's not a problem with individuals. It's a systemic problem and it needs a systemic solution. There have to be disincentives for someone at some level. Damages paid by the state don't cut it (unless those damages add up to a number high enough for someone to get annoyed by them).
Right now, it's probably beneficial or at least harmless for an LEO to seize a laptop without a justification that holds up in court. The same goes for their superior allowing or outright instructing them to do so. And so forth all the way up the chain.
There is no direct impact on the LEO who does it from the court decision that it was unjustified. Unless they or their superiors (or someone higher up the chain) are personally held accountable, why should anything change?
It's not a problem with individuals. It's a systemic problem and it needs a systemic solution. There have to be disincentives for someone at some level. Damages paid by the state don't cut it (unless those damages add up to a number high enough for someone to get annoyed by them).