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The data was collected without a warrant. It cannot be used in court.
by dev1n 13y ago
The data was collected without a warrant. It cannot be used in court.
- obstacle1 13y agoNo warrant doesn't matter, the data can be used in court. The Guardian's leak today [1] proved that the NSA is authorized to keep all data obtained 'inadvertently' -- e.g. as part of a broad-scale tap, without a warrant -- and to use it later. Specifically, data regarding US citizens. The safest assumption now is that with respect to electronic surveillance in the US, warrants mean nothing and everything is being stored. [1] - http://www.guardian.co.uk/world/2013/jun/20/fisa-court-nsa-without-warrant http://www.guardian.co.uk/world/2013/jun/20/fisa-court-nsa-w...
- genwin 13y agoThe defense doesn't challenge a lack of warrant for data that benefits them.
- Zigurd 13y agoIs the defendant bound by that rule?
- neurotech1 13y agoIANAL but as I understand it, they need a FISA or regular federal search warrant if the data is collected for a "criminal investigation", but do not need a warrant if it was previously collected under a national security program. In a criminal case, they have up to 72 hours to get a warrant, if they give an actual wiretap order. This may be different in a "national security" investigation, where the PATRIOT Act is involved.
- rosser 13y agoIANAL, but I believe the "fruit of the poisoned tree" doctrine only ties the hands of the State in criminal proceedings. The defense can put forth any evidence or argument at all, provided it's in good faith, and not knowingly false.