Post New Article

The Fifth Circuit Shuts Down Geofence
Warrants—And Maybe A Lot More

Original Article

Posted By: sunset, 8/13/2024 2:17:43 PM

Once in a while there is a court ruling on the Fourth Amendment that just makes my jaw drop. The Fifth Circuit had such a ruling today, United States v. Jamarr Smith. The case creates a split with the Fourth Circuit on one important issue, and it creates another split with the Colorado Supreme Court on an even more important issue. The new case is about the Fourth Amendment limits of geofence warrants, which are warrants to access location information for users who have Internet providers retain location history. The Fifth Circuit makes two important holdings. First, accessing any amount of geofence records is a search

Comments:

An astonishing ruling, and one that creates splits on two differerent issues.

Post Reply

Reminder: “WE ARE A SALON AND NOT A SALOON”

Your thoughts, comments, and ideas are always welcome here. But we ask you to please be mindful and respectful. Threatening or crude language doesn't persuade anybody and makes the conversation less enjoyable for fellow L.Dotters.


Reply 1 - Posted by: davew 8/13/2024 3:04:39 PM (No. 1777490)
This is a classic, if somewhat humorous, example of what happens when the same word is used in different contexts with entirely different meanings. When law enforcement does a "search," they literally enter and inspect a physical location which can violate the rights of innocent people if done without probable cause. When a computer does a "search" of a georeferenced database, it creates a pivot table to associate symbols that match other symbols in a query. It is an abstract logical space, not a physical location in the real world. The "people" in the database are symbols, not real citizens with rights.
7 people like this.

Reply 2 - Posted by: Jethro bo 8/13/2024 4:48:48 PM (No. 1777528)
Long technical article. Seems the professor of law at UC Berserckley has issues with the 5th Circus ruling. His example, to me, seem to compare apples to oranges but I'm not a lawyer so don't really know. What is clear is the limitation the 5th Circus put on goobernment wide open searches has scared the Schift out of him.
8 people like this.

Reply 3 - Posted by: DVC 8/13/2024 6:04:13 PM (No. 1777555)
Great news. Now toss out all the cases based on these illegal warrants
10 people like this.

Reply 4 - Posted by: Strike3 8/13/2024 6:52:56 PM (No. 1777574)
Next time don't bring you cell phone to an insurrection, or operate a vehicle with GPS if you drive there.
3 people like this.

Reply 5 - Posted by: sunset 8/13/2024 8:34:07 PM (No. 1777607)
The data generated from such a search places everyone within the geofence boundaries on a list of suspects.
5 people like this.

Below, you will find ...
Most Recent Articles posted by "sunset"
and
Most Active Articles (last 48 hours)
Most Recent Articles posted by sunset"
National Public Data breach: Hackers access
private information of 2.9 billion people
11 replies
Posted by sunset 8/13/2024 10:17:33 PM Post Reply
A background check company was hacked and now the information of almost 3 billion people is up for sale on the dark web. Florida-based Jerico Pictures Inc., which runs National Public Database, also known as NPD, was hacked according to a press release from Schubert Jonckheer & Kolbe LLP, the company investigating the breach. The company, which represents consumers in class action lawsuits against corporations, said that “USDod,” a cybercriminal group, got into NPD’s data in April and took the personal information that had been collected. The database compiling the information on 2.9 billion people was offered on the dark web for $3.5 million.
The Fifth Circuit Shuts Down Geofence
Warrants—And Maybe A Lot More
5 replies
Posted by sunset 8/13/2024 2:17:43 PM Post Reply
Once in a while there is a court ruling on the Fourth Amendment that just makes my jaw drop. The Fifth Circuit had such a ruling today, United States v. Jamarr Smith. The case creates a split with the Fourth Circuit on one important issue, and it creates another split with the Colorado Supreme Court on an even more important issue. The new case is about the Fourth Amendment limits of geofence warrants, which are warrants to access location information for users who have Internet providers retain location history. The Fifth Circuit makes two important holdings. First, accessing any amount of geofence records is a search
3 arrested in armed robbery of Secret
Service agent in Tustin on night of Biden's
LA fundraiser
7 replies
Posted by sunset 7/26/2024 4:45:06 PM Post Reply
Tustin police on Thursday announced the arrests of three men accused of robbing a U.S. Secret Service agent at gunpoint last month. Tustin police Sgt. Ryan Newton said the three suspects intentionally drove into Orange County to commit crime. "All of these individuals do have several felony arrests and convictions all out of the Los Angeles area," Newton said. "The Secret Service agent was not on duty," Newton said. "He was off duty and he is the victim of this violent crime and he defended himself with his weapon. We do believe it was just a crime of opportunity and that he wasn't targeted."
Con artist Janet Mello, who stole nearly
$109M from US Army to buy mansions, luxury
cars, is sentenced to 15 years in prison
9 replies
Posted by sunset 7/25/2024 6:57:37 PM Post Reply
The Texas “Gucci Goddess” con artist guilty of stealing nearly $109 million from US military families to splurge on luxury properties across five states and a fleet of cars was slapped with a lengthy prison sentence for her brazen selfishness. Janet Yamanaka Mello, 57, was sentenced to 15 years in federal prison on Tuesday for conning her way to an extravagant lifestyle, according to the Department of Justice. The swindler pleaded guilty to five counts of mail fraud and five counts of filing a false tax return in March. Mello’s egocentric actions were unearthed in December 2023, when she worked as a civilian financial program manager at Fort Sam Houston.
Ransomware attack shuts down three dozen
Los Angeles courts
9 replies
Posted by sunset 7/23/2024 12:10:59 AM Post Reply
Los Angeles County closed down 36 local superior court offices due to an ongoing ransomware attack. The county court said that it will be making the closure as part of the cleanup process of a cyberattack it first detected on Friday, July 19. “The court experienced an unprecedented cyberattack on Friday which has resulted in the need to shut down nearly all network systems in order to contain the damage, protect the integrity and confidentiality of information and ensure future network stability and security,” said Presiding Judge Samantha P. Jessner. “That isn’t good for any court, but especially not the largest one in the U.S.”
Sununu signs bills to ban gender-reassignment
surgery for minors, organize sports based
on student's sex on their birth certificate
7 replies
Posted by sunset 7/21/2024 11:57:37 AM Post Reply
Gov. Chris Sununu signed two gender identity-related bills into law on Friday and vetoed a third. Sununu signed HB 619, which bans gender-reassignment surgery for minors. Sununu also signed HB 1205, which requires school sports from middle school ages and older to be organized by a student's sex on their birth certificate. Both bills have been up in the air for a few months. In a statement this afternoon, Sununu explained the reasons for each bill. "This bill focuses on protecting the health and safety of New Hampshire’s children," said Sununu regarding HB 619. "It ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic competitions," Sununu said regarding HB 1205.
Treasury warns that anti-woke banking
laws like Florida’s are a national security risk
22 replies
Posted by sunset 7/21/2024 4:36:49 AM Post Reply
The Treasury Department is warning that state laws that restrict banks from considering environmental, social and governance factors could harm efforts to address money laundering and terrorism financing. The Associated Press obtained a copy of the letter sent Thursday to lawmakers. The letter singled out a law signed by Florida Gov. Ron DeSantis in May that says it would be an “unsafe and unsound practice” for banks to consider non-financial factors when doing business. The letter concludes that “such laws create uncertainty and may inhibit” national security efforts. Conservative Republicans such as DeSantis have sought to block environmental and socially conscious standards for investing,
Israeli jets strike Houthi targets in
Yemen after Tel Aviv attack
6 replies
Posted by sunset 7/20/2024 4:37:29 PM Post Reply
Israeli fighter jets struck Houthi military targets in the area of Hodeidah port in Yemen on Saturday, the Israeli military said, a day after a drone launched by the Iranian-backed group hit Israel's economic hub Tel Aviv. Al-Masirah TV, the main television news outlet run by Yemen's Houthi movement, reported that the strikes were directed against oil facilities in the port and caused fatalities. Hodeidah residents told Reuters by phone that explosions were heard throughout the city during an intensive bombardment. "The fire that is currently burning in Hodeidah is seen across the Middle East and the significance is clear," Israeli Defence Minister Yoav Gallant said in a statement.
San Francisco's dying downtown suffers
another hammer blow as Saks Fifth Avenue
bans window shoppers from coming inside
8 replies
Posted by sunset 7/19/2024 4:18:07 PM Post Reply
San Francisco has suffered another blow as one of the most luxurious department stores downtown is banning window shoppers. Saks Fifth Avenue in Union Square has decided to change its customer experience by moving to 'appointment-only' this summer, according to KRON4. Locals will have to pre-book appointments at the store located on 384 Post Street from August 28. Customers can no longer walk in and browse the luxury items, according to a company spokesman. It comes as areas in San Francisco have become known for their squalor and misery - so much so that local businesses are unable to recruit staff and residents have felt forced to flee.
Nearly two-thirds of Democrats want Biden
to withdraw, new AP-NORC poll finds
8 replies
Posted by sunset 7/17/2024 1:34:49 PM Post Reply
Nearly two-thirds of Democrats say President Joe Biden should withdraw from the presidential race and let his party nominate a different candidate, according to a new poll, sharply undercutting his post-debate claim that “average Democrats” are still with him even if some “big names” are turning on him. The new survey by the AP-NORC Center for Public Affairs Research, conducted as Biden works to salvage his candidacy two weeks after his debate flop, also found that only about 3 in 10 Democrats are extremely or very confident that he has the mental capability to serve effectively as president, down slightly from 40% in an AP-NORC poll in February.
Who is Sen JD Vance? All about Donald
Trumps pick as his running mate
13 replies
Posted by sunset 7/16/2024 2:30:55 AM Post Reply
Former President Donald Trump has named Ohio Republican Sen. JD Vance as his running mate, marking the first time in 80 years a major party’s vice presidential nominee will be from Ohio. Trump, now the Republican presidential nominee, announced Vance’s appointment as his running mate on Monday, marking the opening day of the Republican National Convention in Milwaukee. The former president made his decision known on Truth Social.
Former Israeli hostage sues US non-profit
who employed ‘Hamas operative’ who
held him captive
6 replies
Posted by sunset 7/11/2024 12:27:46 PM Post Reply
A former Israeli hostage freed last month in a daring Israel Defense Forces raid in Gaza is suing a US non-profit which employed his Hamas operative captor as a war correspondent, The Post has learned. Almog Meir Jan, 22, filed the lawsuit Tuesday in Seattle federal court against People Media Project, a non-profit based in Olympia, WA. The organization runs a pro-Palestinian news website and had frequently published the work of Abdullah Aljamal, a Gaza-based journalist and former spokesman for the terrorist organization. “It is indisputable that defendants provided Hamas operative Aljamal, whose connections to Hamas were publicly known, with a US-based and taxpayer subsidized platform to publish Hamas propaganda.
Most Active Articles (last 48 hours)
Bloomberg writer argues Tim Walz’s ‘traditional
masculinity’ is a threat to Republican voters
27 replies
Posted by Beardo 8/14/2024 4:23:17 AM Post Reply
Tampon Tim, Low-T(estosterone) Tim, call him what you want, is the face of a big, fat, middle-aged, sweaty-palmed, pervert groomer. (snip) But, according to a new opinion column by Francis Wilkinson and published by Bloomberg on Friday, Walz is a “manly man” defined by traditional “masculinity,” and it is these characteristics that are “terrifying” to the MAGA voters: Tim Walz’s Masculinity Is Terrifying to Republicans Kamala Harris’ running mate has traditional ‘manly man’ traits. He’s also not frightened of women, afraid of Black people or terrified of the future. … Any liberal Democrat whose resume includes football coach, military veteran and sharp-shooting hunter is a challenge to MAGA mythology, "
‘A Few Simple Words’: Tim Walz Responds
To Accusations Of ‘Stolen Valor’
21 replies
Posted by Beardo 8/14/2024 2:07:03 PM Post Reply
Democratic Minnesota Gov. Tim Walz responded Tuesday afternoon at a union conference to accusations of “stolen valor” after facing a wave of controversy from Republicans around his military service. (snip) During his speech, Walz responded to criticism of the timing around his 2005 retirement from the Minnesota National Guard by stating he was “damn proud” of his service and emphasized that one “should never denigrate another person’s service record.” (snip) Vance responded to Walz’s public remarks on Tuesday, posting on X that Walz “shouldn’t have lied about it.”
Trump’s Social Security proposal could
be his biggest political weapon
18 replies
Posted by Mercedes44 8/14/2024 6:32:40 AM Post Reply
With Kamala Harris becoming a rock star by inviting rock stars to open her act, it’s clear she’s focused on generating excitement through pure fluff. But whereas Harris captures headlines with showmanship, Donald Trump has an opportunity to resonate deeply with a far more substantial and often overlooked voting bloc: those who have paid into the Social Security system. If Trump zeroes in on this group, he can unlock a political goldmine that could propel him back into the White House. In what even the New York Times admits could be a game-changer, Trump has proposed ending income taxes on Social Security benefits.
J.K. Rowling and Elon Musk Targets of
a Harassment Lawsuit by Algerian 'Female'
Boxer Imane Khelif
16 replies
Posted by DW626 8/14/2024 3:02:11 PM Post Reply
Imane Khelif, the Algerian Olympic boxer who fought as a female despite possessing the XY chromosomes of a man, has filed suit against Elon Musk and Harry Potter author J.K. Rowling for "harassment." Mr./Ms. Khelif alleges that Rowling and Musk said mean things about him/her online, which constitutes bullying. What hitting girls in the head constitutes, Khelif wouldn't say. Nabil Boudi, Khelif’s attorney, says the suit was filed against X and that even Donald Trump might be "looked at" in connection with the lawsuit.
Trump, Musk AI Dance On Bee Gees 'Stayin'
Alive' Brings 'Storm' On Internet | Must Watch
14 replies
Posted by Imright 8/14/2024 6:41:16 PM Post Reply
An AI generated dance video of Donald Trump and Elon Musk is going viral on social media as the two popular public figures are seen grooving on 'Stayin' Alive'. (Video) New Delhi: Republican Presidential candidate Donald Trump and billionaire entrepreneur Elon Musk AI generated dance video is going viral on social media. The video has been shared by Musk himself with the caption saying ‘haters will say this is AI generated’. In the video, the two can be seen dancing on Bee Gees popular disco-pop number ‘Stayin' Alive’
WHO declares mpox outbreaks in Africa
a global health emergency as a new form
of the virus spreads
14 replies
Posted by Dreadnought 8/14/2024 3:23:40 PM Post Reply
LONDON — The World Health Organization declared the mpox outbreaks in Congo and elsewhere in Africa a global emergency on Wednesday, with cases confirmed among children and adults in more than a dozen countries and a new form of the virus spreading. Few vaccine doses are available on the continent. Earlier this week, the Africa Centers for Disease Control and Prevention announced that the mpox outbreaks were a public health emergency, with more than 500 deaths, and called for international help to stop the virus’ spread. “This is something that should concern us all ... The potential for further spread within Africa and beyond is very worrying,”
Anyone Notice This Anomaly During Ilhan
Omar's Election Returns?
12 replies
Posted by DW626 8/14/2024 10:00:47 AM Post Reply
As Rebecca wrote earlier last night, Rep. Ilhan Omar (D-MN) successfully fended off a primary challenge from Don Samuels, a former Minneapolis City Council member. Omar clinched 56 percent of the vote to Samuels’ 42 percent, with other candidates sprinkled in the field. Congress’ favorite radical Islamic terrorist apologist is heading back to Washington, so everyone should grab a barf bag. Yet, did anyone notice what was odd about the returns? I won’t say it, but you can debate this topic in the comments below.
Anti-Israel Radicals Block 405 Freeway
in Kamala Harris’s L.A.
12 replies
Posted by Imright 8/14/2024 1:56:21 AM Post Reply
LOS ANGELES, California — Anti-Israel radicals blocked L.A.’s 405 freeway, the country’s busiest, on Tuesday morning to demand an end to U.S. support for Israel, as Israel battles Hamas terrorists who still hold 115 innocent hostages. The Los Angeles Daily News reported: A group of protesters calling for a cease-fire in the Israel-Hamas war and an end to U.S. military support of Israel marched onto the southbound 405 Freeway in West Los Angeles Tuesday, halting traffic and creating a miles-long backup at the tail end of the morning rush hour. The protesters, organized in part by the group IfNotNow Los Angeles, walked onto the freeway
Sasse’s spending spree: Former UF president
channeled millions to GOP allies, secretive contracts
11 replies
Posted by Hermoine 8/14/2024 9:59:47 AM Post Reply
In his 17-month stint as UF president, Ben Sasse more than tripled his office’s spending, directing millions in university funds into secretive consulting contracts and high-paying positions for his GOP allies. Sasse ballooned spending under the president’s office to $17.3 million in his first year in office — up from $5.6 million in former UF President Kent Fuchs’ last year, according to publicly available administrative budget data. A majority of the spending surge was driven by lucrative contracts with big-name consulting firms and high-salaried, remote positions for Sasse’s former U.S. Senate staff and Republican officials.
Squad Member Ilhan Omar Wins Reelection
in Primary Race
10 replies
Posted by mc squared 8/14/2024 10:26:24 AM Post Reply
Squad member Rep. Ilhan Omar (R-MN) won her primary race for Minnesota’s 5th Congressional District on Tuesday evening. Omar received 67,524 votes, or 56.2 percent of the vote, while Don Samuels, a former member of the Minneapolis City Council, received 51,581 votes, or 42.9 percent of the vote, according to the Associated Press (AP). Another candidate, Abena McKenzie, received 456 votes, or 0.4 percent of the vote, while opponent Nate Schluter received votes 567, or 0.5 percent of the vote. The Associated Press called the race at 10:39 p.m. Omar’s win comes after two other Squad members, Rep. Cori Bush (D-MO) and Rep. Jamaal Bowman (D-NY) lost their primary races.
Some Thoughts On Valor -- Stolen Or Not 10 replies
Posted by DW626 8/14/2024 7:28:42 AM Post Reply
The best definition of ‘valor’ I have come across is ‘strength of mind in regard to danger, that quality which enables a man to encounter danger with firmness and courage.’ Reading of vice-presidential nominee Tim Walz and his stolen valor made me think of my father’s service during WWII and, to a lesser extent, my own some thirty years later. My dad, like a great number of young men, was drafted into the military in early 1942. Was spending the next three and a half years in the jungles of the Pacific fighting the Japanese the way he would have preferred to spend that time?
Never Trump Losers Hit the Hardest This
Election Cycle
10 replies
Posted by 4250Luis 8/14/2024 6:14:45 AM Post Reply
Trust me, bashing Kamala Harris, Tim Walz, and the Democrats is what we do here, but there’s another group of losers that need to be burned at the stake. They’re this year’s biggest losers. It might be debatable for some, but the Democratic Party isn’t at the top of my list. Maybe it’s a tie for first, but can we discuss these traitors who claim to be Reagan Republicans or conservative Republicans and then try and justify their support for Kamala Harris?
Post New Article