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Re:Cops can easily get months of location data, appeals cour... by pdkl95 on Wednesday June 01, 2016 @04:14AM (#11812817)
> Would you allow firefighters to enter a burning building without a warrant?

Firefighters enter buildings for public safety, not to search for contraband or evidence.

> What about entering a home to stop an in-progress murder?

That is only allowed in rare exigent circumstances[1] that involve the imminent danger. While the plain view doctrine can apply in such a situation, exigent circumstances do not allow for searching in places that normally require a warrant.

> The argument that a court should be required in all circumstances is pretty silly.

Requiring a warrant in all circumstances where the government wants to search and/or seize evidence is a cornerstone of a free society. Warrants are a trivial barrier if there is a legitimate investigation with any evidence at all. The "probable cause" requirement is a very low barrier.

Some people complain that warrants are "rubber stamped" too easily, but getting the "stamp of approval" is the goal. It's easy to start skipping[3] simple requirements like "probable cause", so a warrant acts as a check and audit trail that at least some minimal procedure was followed.

[1] https://en.wikipedia.org/wiki/Exigent_circumstance

[2] https://en.wikipedia.org/wiki/Plain_view_doctrine

[3] http://www.rapp.org/archives/2015/12/normalization-of-devian...

Re:Cops can easily get months of location data, appeals cour... by darawk on Wednesday June 01, 2016 @04:27AM (#11812861)
I'm aware of all of these things. But as your second citation points out, an officer legally entering a building during an exigent circumstance may confiscate and/or use as evidence anything found in 'plain view'.

> Requiring a warrant in all circumstances where the government wants to search and/or seize evidence is a cornerstone of a free society. Warrants are a trivial barrier if there is a legitimate investigation with any evidence at all. The "probable cause" requirement is a very low barrier.

We just went over a variety of obvious exceptions to the warrant requirement. You can argue that these are exceptional cases to be sure, but it is certainly not true that a warrant is always required nor should it be (as the comment I was responding to said).

A very slightly less clear-cut example is BAC, as the parent commenter mentioned. It is completely impractical to get a warrant in DUI cases. It would either be a completely meaningless waste of everyone's time, or it'd literally be a rubber stamp, where a cop calls up and receives the warrant with zero interaction or consideration from the judge. And I don't know about you, but i'd rather not open the door to true rubber-stamping of warrants. Because once you start doing that, it's only a matter of time until they start doing it with things that aren't so trivial.

Re:Cops can easily get months of location data, appeals cour... by Avshalom on Wednesday June 01, 2016 @07:14AM (#11813483)
I'm pretty sure that if a firefighter breaks into my house to put out a fire the cops still have to have had a warrant for anything found in the house to be admissible in court.
Re:Cops can easily get months of location data, appeals cour... by darawk on Wednesday June 01, 2016 @12:58PM (#11816046)
Not so if there is evidence of a crime in 'plain view'.
Re:Cops can easily get months of location data, appeals cour... by HappyTypist on Wednesday June 01, 2016 @05:25AM (#11813089)
The courts also recognise that Boolean oracles do not impede privacy. It's how drug sniffing dogs are justified.