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> A warrant should be required. A warrant should be a cryptosecure signed file from the judge(s). The search tool should validate the signatures. The parameters
by formerly_proven 4y ago
> A warrant should be required. A warrant should be a cryptosecure signed file from the judge(s). The search tool should validate the signatures. The parameters in question should also be signed across and be the only allowed inputs.
The issues run deeper. Court orders are widely rubberstamped. Circumventing legal processes like this creates a verneer of judicial review that's meaningless, because "judicial review" should not mean "a judge's eyes have scanned the warrant for the signature line he needs to sign on".
As a cherry on top, things like the fruit of the poisonous tree doctrine are pretty unique to the US - most countries don't have something like it, or only forbid using evidence if the manner in which it was gathered was too egregiously illegal, but otherwise it doesn't matter if prosecutors obtained evidence legally or not. It doesn't take a genius to see how that's not exactly conducive for the LE system to stay in their legal lane.
- SuperKamiyay 4y ago> should not mean "a judge's eyes have scanned the warrant for the signature line he needs to sign on". We need CAPCHA for warrants!
- ccooffee 4y agoI wonder what would change in the criminal legal system if all warrant applications must be counter-argued by a public-defender-like-role. I suspect the "defender" would just end being an always-ignored voice in the room, at least based on my understanding of post-patriot-act America.
- maerF0x0 4y ago>The issues run deeper. Court orders are widely rubberstamped. I wrote the following to try and address that. I agree it's a big problem. > Also there should be accountability for the reasonable expectation aspect of warrants. A realistic threshold should be enforced... If an officer or judge starts to dip below the threshold they should be seen as incompetent.