4 ms·

Isnt the point of a warrant that it negates any privacy restrictions

• kelseyfrog 4y ago
  Maybe I view the legal substrate as a bit more malleable than most. Just spitballing. Raise the burden of proof requirements for warrants in abortion related cases from probable cause to something more strict ie: some credible evidence, preponderance of the evidence, clear and convincing evidence, or beyond reasonable doubt, and introduce criminal penalties for complying with warrants that don't meet this threshold. Introduce criminal penalties for exfiltrating abortion related evidence found during a warrant across state lines. I'm sure there are an infinite number of much more creative ways to construct such laws. Being more familiar with evidentiary procedures would make me feel more able to derive some more subtle and effective requirements. My gut says that this being a "states issue" allows for more legislative flexibility, but then again, I'm no lawyer or legislative analyst. Broadly speaking, the rules which govern search warrants are themselves laws which can and have been amended. See https://casetext.com/statute/california-codes/california-penal-code/part-2-of-criminal-procedure/title-12-of-special-proceedings-of-a-criminal-nature/chapter-3-of-search-warrants/section-1524-grounds-for-search-warrant https://casetext.com/statute/california-codes/california-pen...