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> It also gives massive amounts of power to a non officer. It actually doesn't, which is why this is an INCREDIBLY stupid move by the FBI. Evidence submitted

> It also gives massive amounts of power to a non officer. It actually doesn't, which is why this is an INCREDIBLY stupid move by the FBI. Evidence submitted that was recovered by a private citizen of their own accord is admissible in court even if there was no search warrant issued or other illegal activity occurred to gain said evidence (breaking into somebodies house and finding CP on their computer doesn't give grounds for dismissal of the case, although the person who did the B&E could still be charged for said act). This is the private search doctrine, and it has well established case law. However, just because you are not on government payroll you are not free from being considered a government agent. If a government employee actively encourages you or incentivizes you to perform a search you can (and likely will) be considered an agent of the government when evidence is submitted at trial - meaning the 4th amendment can be used to throw the case out since no search warrant was issued. This case gives anybody who has been convicted and had evidence submitted by a Geek Squad employee grounds to appeal their case, or for active cases the charges dismissed. What was the FBI thinking?

philipodonnell 9y ago
Parallel construction?
- snuxoll 9y ago
  Certainly possible, but now that the cat's out of the bag it may be possible to determine that such techniques were used depending on the specific case. If you had your computer worked on by Geek Squad and some time later find yourself sitting in court you may have valid reason to get a subpoena against any employee who touched your computer to find evidence of rewards from the government and try to prove parallel construction. Employees may think twice about engaging in such activities if they risk being called away to court. The FBI generally doesn't stoop to techniques such as this however, that's more of a DEA thing (scummy bastards they are).

philipodonnell 9y ago

Parallel construction?

snuxoll 9y ago
Certainly possible, but now that the cat's out of the bag it may be possible to determine that such techniques were used depending on the specific case. If you had your computer worked on by Geek Squad and some time later find yourself sitting in court you may have valid reason to get a subpoena against any employee who touched your computer to find evidence of rewards from the government and try to prove parallel construction. Employees may think twice about engaging in such activities if they risk being called away to court. The FBI generally doesn't stoop to techniques such as this however, that's more of a DEA thing (scummy bastards they are).