US appeals court rules geofence warrants are unconstitutional

https://techcrunch.com/2024/08/13/us-appeals-court-rules-geofence-warrants-are-unconstitutional/

by warrenm • 2 years ago

91 25 2 years ago

15d ago https://news.ycombinator.com/item?id=41228630

It is still welcome (if surprising) news from the 5th circuit, especially following July's contradictory ruling from the 4th circuit.

https://reason.com/volokh/2024/07/10/accessing-google-locati...

AnimalMuppet• 2 years ago

Oh, good, a circuit split! That means an appeal of one or the other case is at least somewhat likely to be accepted by the Supreme Court.

rtkwe2• 2 years ago

Not the ideal court I'd like that split to go up to but that's not changing any time soon and maybe they'll surprise me in a good way this time.

dang• 2 years ago

Thanks! That one is:

Federal appeals court finds geofence warrants “categorically” unconstitutional - https://news.ycombinator.com/item?id=41228630 - Aug 2024 (177 comments)

Also related:

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Google says geofence warrants make up one-quarter of all US demands - https://news.ycombinator.com/item?id=28266650 - Aug 2021 (259 comments)

New Federal Court Rulings Find Geofence Warrants Unconstitutional - https://news.ycombinator.com/item?id=24342049 - Sept 2020 (29 comments)

alilleybrinker• 2 years ago

Orin Kerr's analysis of this new ruling, which is linked from the Tech Crunch article, helps break down where the specific splits with other courts lie. This is useful even if you don't agree with Kerr's analysis of the validity of any specific courts' decisions: https://reason.com/volokh/2024/08/13/fifth-circuit-shuts-dow...

pavon• 2 years ago

The follow-up article with ACLU's response is also interesting: https://reason.com/volokh/2024/08/16/the-aclus-response-to-m...

BenFranklin100• 2 years ago

It’s interesting to note this decision in favor of privacy came from the 5th Circuit court, a predominantly conservative court. As the article notes, the 4th Circuit, made up largely of Democratic appointees, ruled in favor of the search warrants.

beezlebroxxxxxx• 2 years ago

Legal conservatism is somewhat different than Republican Conservatism in the same way that legal progressivism is somewhat different than Democratic Progressivism.

The two might agree on certain issues in ways that seems contradictory at the political party level until you look into it more.

whatshisface• 2 years ago

As much as anything I've conceived of that as the only example of separation of powers working to stir opposition to the sprint to unlimited power for the executive.

mc32• 2 years ago

Does this have any impact on J6 and BLM riot cases?

ChrisArchitect• 2 years ago

[dupe]

Discussion: https://news.ycombinator.com/item?id=41228630

US appeals court rules geofence warrants are unconstitutional

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