3 ms·
The EFF wrote about this both last week and yesteday: https://www.eff.org/deeplinks/2016/06/making-sense-troubling-decision-new-court-ruling-underscores-need-s
by mikegerwitz 10y ago
The EFF wrote about this both last week and yesteday:
https://www.eff.org/deeplinks/2016/06/making-sense-troubling-decision-new-court-ruling-underscores-need-stop-changes https://www.eff.org/deeplinks/2016/06/making-sense-troubling...
https://www.eff.org/deeplinks/2016/06/federal-court-fourth-amendment-does-not-protect-your-home-computer https://www.eff.org/deeplinks/2016/06/federal-court-fourth-a...
It is very concerning indeed, but will hopefully not be a precedent. At least if common sense and a basic level of constitutional competence prevails.
Rule 41 is a huge concern---as mentioned in the EFF posts---and risks decisions like this becoming commonplace. As the EFF mentions, it also encourages forum shopping: finding a court lax on fourth amendment issues, in this case.