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Re:US vs. Poller: Ruling says police can use iPhones to circ... by riffic on Monday July 17, 2023 @06:30PM (#36764964)
au contraire. cops can do literally whatever they want and they routinely use parallel construction to get a conviction within the letter of the law.

https://en.wikipedia.org/wiki/Parallel_construction

believing anything else is incredibly naive.

Re:US vs. Poller: Ruling says police can use iPhones to circ... by vorpalhex on Monday July 17, 2023 @06:41PM (#36765071)
Why not use spy satellites and just watch you all the time? Or clever Van Eck, or Wifi micro-disturbances?

Cops are basically plumbers. They are blue collar workers, making mediocre pay and working insane hours. (Plumbers actually make MORE than cops for their 40, cops just work a lot of overtime...) Cops are most likely to just not really chase an investigation versus doing twice the work to use some kind of illegal evidence gathering.

Re:US vs. Poller: Ruling says police can use iPhones to circ... by Klonoar on Monday July 17, 2023 @06:42PM (#36765077)
Cops get away with stuff they shouldn’t: details at 11.

That said, I just want to point out that you have no idea whether they believe that or are simply quoting the relevant legal history. What’s with the naive comment?

Every time I see something like this I have to think it contributes to degrading discussion quality here; we can probably assume the general audience of this site are not obtuse on this matter and wade in with a different tone.

Re:US vs. Poller: Ruling says police can use iPhones to circ... by riffic on Monday July 17, 2023 @06:48PM (#36765147)
> history

thanks that sums my point up in a single cherry picked word.

Re:US vs. Poller: Ruling says police can use iPhones to circ... by bshipp on Monday July 17, 2023 @06:45PM (#36765110)
As long as the material presented in court is acquired via legal methods, no laws are being broken, are they? Now, if officers use legal loopholes to take illegally-acquired evidence and somehow make it legal, that's a practice that should be rooted out and those involved prosecuted. But as long as officers can construct a legal case completely independent of the poisonous tree, what's the issue?
Re:US vs. Poller: Ruling says police can use iPhones to circ... by voakbasda on Monday July 17, 2023 @07:35PM (#36765618)
If they were only able to construct a "legal" case through the knowledge gained by the fruit of a poisonous tree, then the new tree should be treated as tainted as well. But that's not the law.

They can and do violate the law (without consequence) until they find a foothold that allows them to fabricate the appearance of a legally obtained chain of evidence. Then, they fully suppress the evidence about how that information was originally obtained.

Re:US vs. Poller: Ruling says police can use iPhones to circ... by balderdash on Monday July 17, 2023 @09:21PM (#36766560)
That’s a perfectly logical stance to take, but I think it hinges on :

”Now, if officers use legal loopholes to take illegally-acquired evidence and somehow make it legal, that's a practice that should be rooted out and those involved prosecuted.”

If in practice illegal practices, are not rooted-out or prosecuted, and actually condoned, it I think one would need to look askance T the entire concept…

Re:US vs. Poller: Ruling says police can use iPhones to circ... by bshipp on Monday July 17, 2023 @10:19PM (#36767010)
That makes perfect sense. I'm no lawyer and am only discussing this out of idle curiosity, so I'm sure my comments were a naive take. The situation I'm envisioning is an audio recording from a 2-party consent state outlining the existence of evidence. Since that cannot be the legal basis of a warrant, an officer might wander through the neighborhood talking with associated citizens to try and independently establish the need for a warrant based on various witness statements. No evidence has been falsified or created out of thin air, and there's no hope of a conviction if the suspected building doesn't contain damning evidence.

However, I fully recognize how such a process might be abused and the need for a very firm legal hand to avoid accidentally becoming an authoritarian state.

Re:US vs. Poller: Ruling says police can use iPhones to circ... by rurounijones on Tuesday July 18, 2023 @02:17AM (#36768550)
The officer has no probable cause to do what you suggest without the illegally obtained information in the first place.