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> Warrant means an audit trail and coordination with a prosecutor and the judiciary. But depending on the workload of these people, this can also mean a whole
by freeflight 8y ago
> Warrant means an audit trail and coordination with a prosecutor and the judiciary.
But depending on the workload of these people, this can also mean a whole lot of back-log and result in hasty decision making.
Germany has a similar trend where judges are supposed to issue warrants for pretty much everything, like searching your house.
The problem in actual practice with this is that German judges are already overloaded with all kinds of work, which means they have on average around 3 minutes to process a search-warrant request, that time also includes writing the explanation for why it was denied if it should be denied.
3 minutes isn't a lot of time and getting it wrong can have pretty hefty consequences for the wrongly accused because these days it's often routine to confiscate all the IT hardware and any data media they find.
If you are somebody who's self-employed and working in IT, such a search could literally be the end of your business, because it will be years (and many lawyer fees) before you get your stuff back, even if it turns out you never did anything wrong.
- adamtobey 8y agoMaybe I'm failing to see your point, but wouldn't removing the requirement for a judge to look at it, no matter how hastily that decision is made, further reduce the barrier to a false search? Or are you saying it pressures the judges into making hastier decisions in larger cases that would not fall under this decision because of the volume of smaller cases?
- freeflight 8y agoI'm trying to say that checks&balances are great, at least as long as there's no bottleneck in the whole process because that usually leads to overspill of some kind. For example, judges feeling pressured into rubberstamping due to the heavy workload. I don't really see any real solution to this that doesn't involve either law enforcement toning down the number of requests for warrants or jurisdiction needing to expand its capacities, to allow judges more care in checking individual warrant requests.