Federal Appeals Court Finds Geofence Warrants Are Categorically Unconstitutional

Re:Federal Appeals Court Finds Geofence Warrants Are Categor... by justinclift on Monday August 12, 2024 @07:13PM (#41230434)

Bear in mind that physical cash is somehow able to be charged with crimes, thus enabling police theft via civil asset forfeiture. Even when the police had no reason to suspect there was any cash on people in the first place.

So it doesn't seem like much of a step to "the evidence was screaming to us from inside, begging to be found". It's about the same level of nonsense. ;)

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Re:Federal Appeals Court Finds Geofence Warrants Are Categor... by nradov on Monday August 12, 2024 @08:06PM (#41230766)

Civil asset forfeiture is problematic and has been abused but it's completely separate from criminal evidence rules. The physical cash is never charged with a crime. Instead the government files a civil (not criminal) case alleging that the cash is the result of criminal activity. The burden of proof then is much lower than in a criminal trial, and often the plaintiff wins a default judgement.

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Re:Federal Appeals Court Finds Geofence Warrants Are Categor... by justinclift on Monday August 12, 2024 @08:10PM (#41230790)

Awesome. Now adapt that to evidence inside a house begging to be found. :)

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Re:Federal Appeals Court Finds Geofence Warrants Are Categor... by IIAOPSW on Monday August 12, 2024 @08:22PM (#41230863)

You can't. Civil court is different from criminal court. The standards are different.

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Re:Federal Appeals Court Finds Geofence Warrants Are Categor... by parineum on Monday August 12, 2024 @08:47PM (#41231027)

> So it doesn't seem like much of a step

Rebuttal, that seems like a huge step.

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