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Joined 3 years ago
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Cake day: June 18th, 2023

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  • This ruling confirms that there is no other legal path to obtain that data which isn’t a warrant.

    The supreme court ruling doesn’t go this far.

    The ruling says that a search occurred when LEOs obtained the geofenced location data from a service provider. The case was sent back down to the circuit court to determine whether or not a warrant was required.

    There are various exceptions that allow the government to conduct warrantless searches under the 4th amendment. For example:

    • the “frisk” in a Terry stop to search for weapons.
    • search with consent
    • search incident to arrest
    • hot pursuit and exigent circumstance allow police to follow suspects into a place, but not usually to then go looking for stuff.
    • searches within the (generous) border zone for border enforcement
    • searches at airport security and similar contexts
    • public roadway DUI checkpoints and other road safety checkpoints that stop all drivers.

    It’s not obvious that any of those apply to this case, but maybe they do. The circuit court will decide.