NonilexAug 14, 2024

Once in a while there is a court ruling on the #FourthAmendment that just makes my jaw drop. [The #ExtremistCourt] The #FifthCircuit had such a ruling last Friday, United States v. Jamarr Smith.…

The new case is about the Fourth Amendment limits of #geofence #warrants, which are warrants to access #location #information for users who have opted into having Internet providers retain location history. 

- Orin Kerr
@lawfare
#law #InfoSec #privacy
https://mastodon.social/@lawfare/112960836499873638

Show threadNonilexAug 14, 2024

The #FifthCircuit makes 2 important holdings. First, accessing any amount of #geofence records is a search under an expansive reading of Carpenter v. United States. That's the issue that creates the split w/the Fourth Circuit in United States v. Chatrie. …Chatrie held that accessing such records is not a search in the first place, at least if the records sought are relatively limited in scale. The Fifth Circuit expressly disagrees.

#law #InfoSec #privacy

Show threadJason Perseus has moved

@Nonilex

If I recall, this was used to prosecute many of the Jan 6 insurrectionists to prove they were inside the Capitol.

So there is 100% chance it is going to be held unconstitutional by SCOTUS if it gets there with the current justices, I'd imagine.

Aug 14, 2024 at 2:57pmWeb
Show threadNonilexAug 14, 2024
@JasonPerseus I fear you may be right. This will undoubtedly be appealed up to SCOTUS, then if they agree w/the FifthCircuit’s decision — though it’s worth noting that they of late have not agreed w/the 5th circuit — multiple Jan6 cases which utilized location data will be appealed. However, prosecutors will likely be able to prove in other ways that the defendants were there, given the abundance of photo/video evidence available.
Show threadJason Perseus has movedAug 14, 2024

@Nonilex

Yeah, although there is a strong countervailing wind in that #SCOTUS of late has hated search and seizure cases.

I am trying to think... was Carpenter the last one on search/seizure?

That would be a bit wild but I could be forgetting

Show thread-rbAug 14, 2024

@Nonilex @JasonPerseus IANAL, but if the govt started their case against “Don” after using geofence data to identity him initially, isn’t the whole case dismissible under the “fruit from the poison tree” concept?

Like when a cop searches your car without proper cause, he can’t legally charge you for the drugs he found, even if the cop later discovers that you’re in constant contact with Ronnie the drug dealer?