> The information that Google provided to law enforcement officials came in three tranches. First, Google gave law enforcement officials a list of the 19 accounts (but without the names attached to those accounts) linked to devices that were within 150 meters of the bank during the 30 minutes before and after the robbery. Second, based on that list of 19 accounts, the government asked for additional information about nine accounts that were in the area during a two-hour period. At the third step, a detective asked for, and received, the names and information associated with three accounts – one of which was Chatrie’s.
> Relying on the location data, law enforcement officials obtained a warrant to search two residences linked to Chatrie, where they found almost $100,000 of the stolen cash, a gun, and demand notes.
> Prosecutors charged Chatrie with bank robbery. He asked the trial judge to bar prosecutors from using the evidence obtained as a result of the geofence warrant at his trial, arguing that the warrant violated the Fourth Amendment.
> A federal district judge agreed that the warrant in Chatrie’s case did not have the kind of probable cause and specificity that the Fourth Amendment requires. However, she nonetheless allowed the prosecutors to use the evidence, reasoning that even if there had been a violation of the Fourth Amendment, law enforcement officials had acted in good faith.
I believe this is similar to how they nabbed the Washington State University murderer. The feds compelled Amazon to give them all the bluetooth MAC addresses that was seen by the Echo device in the home around the time of the murders and were able to correlate it to other devices their suspect's phone had been visible to.
> I guess don't bring your phone to a bank robbery.
You should also make sure not to bring your phone to anywhere where a nearby crime is happening because that's all it takes to make you a suspect and force you spend a bunch of money defending yourself. https://www.nbcnews.com/news/us-news/google-tracked-his-bike...
Hopefully rulings like this make that scenario a little less likely to happen, but it doesn't stop it entirely, it just means that the police need to spend 15 minutes to get a rubber-stamped warrant before they turn everyone within a few miles of crime into a suspect.
This article is about audio recordings. There's no mention of Bluetooth nor any mention as to if there were any relevant recordings, which as I understand it are not stored on the device at all.
It is a little confusing, they ruled that the search was not legitimate, but this didn’t end up helping the defendant? I’m definitely missing an important nuance here but I’m not sure what it is…
IANAL, what are the practical implications of this? I assume the outcome is police would first need probable cause to suspect a specific person of a crime, and then get a warrant for that person's location. Am I wrong?
Particularly when it comes to tech, she usually goes along party lines but she's been surprisingly independent in other areas. When it comes to the 4th she does heavily prioritize the sanctity of the home and property rights.
I have a pet theory that it’s difficult for her to convince the far right wing of the court to let her write the majority opinion, and that’s part of what is fueling these uncharacteristic or “independent” moments.
I am pretty sure the Chief Justice chooses who writes the opinion when he (or, one day, she) is in the majority, and if that's right, then Roberts is the only one she would have to convince
When the Court rules to the center, I think Roberts likes to take it himself or let a liberal Justice write it so it looks like the court is balanced and unified or something.
Roberts has lost control of his court and is desperately trying to make it appear legitimate.
She doesn’t have to convince the “far right wing”. As long as CJ Roberts (not generally regarded as in any “wing”) is in the majority, he can assign the opinion to her.
As per the current conservative trend of allowing authoritarianism through technicality, the majority of Alito's dissent is just that the Court shouldn't rule on this at all because it won't help the defendant's case much specifically.
With the exception of citizens vs united, I think most of the decisions of the "conservative" court have been along the lines that congress should do its job. I don't see how all this turns out well for normal people, but if it does, I think congress will have to be much stronger than it was within the federal government, and the federal government will have to be much weaker than it was. The structural problems are that the federal government doesn't want to be weaker, and congress people don't want to be stronger, because they have no term limits, so they don't want the power to rock the boat.
> I think most of the decisions of the "conservative" court have been along the lines that congress should do its job.
They have repeatedly reduced Congressional powers, including today, where they basically said Congress can't setup genuinely independent agencies (in Slaughter). Or when they kneecapped the VRA.
Slaughter determined that agencies congress had ceded to the executive branch had control of the executive. It doesn't stop congress from directly exercising that power instead. It just says you can't play the fuck-fuck game where you pretend to create an agency in the executive branch but actually violate the constitution by trying to create a new branch.
> Slaughter determined that agencies congress had ceded to the executive branch had control of the executive.
The law Congress passed set rules requiring cause for a firing of an FTC commissioner.
It appears they now lack that power that they've had for almost a century.
Or Alito's new "history and tradition" test, invented out of whole cloth to take out abortion but now being applied to all sorts of things Congress does.
I agree in general, but this is also why I say allowing authoritarianism through technicality. They know by punting to Congress, a body that is completely paralyzed, what the practical outcome of that ruling is.
Yep. And this hypocritical bench has had a pattern of ruling sensibly on minor issues like this just before ruling with torturous rationalizations to strip rights from people on larger issues. Feels like there's about to be some pure bullshit spewing from the right flank of this illegitimate court.
I'd dearly love to be wrong about this, but I'm not holding out hope. Until alito and thomas are impeached for unconstitutional rulings and bribery, there's nothing worth hoping for.
For an example of what can be done with such purchased data, one project at a previous employer was:
- identifying all cell phone #s which would regularly appear w/in a certain radius of any State Police Barracks
- disambiguating that from people who lived/worked nearby and/or who met certain criteria
- determining the income and certain other criteria of the remaining numbers
- identifying the home address of the remaining cell #s which met the final criteria and mailing a franchise offer to those cell #s with the assumption that it would be targeting State Police Troopers
This data was being “compelled” from Google. If Google had told its users that their data might be sold, had sold it, and the government had acquired it that way, this case comes out differently.
In reality, Google simply stopped collecting this data in their cloud, leaving it only on the phone.
Highly recommend (as always) listening to the oral arguments in your favorite podcast player. The specific question of how Google’s T&C’s mattered here came up more than once.
rare scotus W, but i strongly suspect that because this data is "owned" by someone other than the people that generated it that said owners will simply choose to voluntarily cooperate with government inquiries 100% of the time. You can suppress information if the government unconstitutionally compels google to turn it over, but I don't believe that you as a defendant could push to exclude evidence if it was willingly turned over by a third party that had the right to have it.
Additional details:
> The information that Google provided to law enforcement officials came in three tranches. First, Google gave law enforcement officials a list of the 19 accounts (but without the names attached to those accounts) linked to devices that were within 150 meters of the bank during the 30 minutes before and after the robbery. Second, based on that list of 19 accounts, the government asked for additional information about nine accounts that were in the area during a two-hour period. At the third step, a detective asked for, and received, the names and information associated with three accounts – one of which was Chatrie’s.
> Relying on the location data, law enforcement officials obtained a warrant to search two residences linked to Chatrie, where they found almost $100,000 of the stolen cash, a gun, and demand notes.
> Prosecutors charged Chatrie with bank robbery. He asked the trial judge to bar prosecutors from using the evidence obtained as a result of the geofence warrant at his trial, arguing that the warrant violated the Fourth Amendment.
> A federal district judge agreed that the warrant in Chatrie’s case did not have the kind of probable cause and specificity that the Fourth Amendment requires. However, she nonetheless allowed the prosecutors to use the evidence, reasoning that even if there had been a violation of the Fourth Amendment, law enforcement officials had acted in good faith.
Link to ruling:
https://www.supremecourt.gov/opinions/25pdf/25-112_0am4.pdf
I believe this is similar to how they nabbed the Washington State University murderer. The feds compelled Amazon to give them all the bluetooth MAC addresses that was seen by the Echo device in the home around the time of the murders and were able to correlate it to other devices their suspect's phone had been visible to.
You should also make sure not to bring your phone to anywhere where a nearby crime is happening because that's all it takes to make you a suspect and force you spend a bunch of money defending yourself. https://www.nbcnews.com/news/us-news/google-tracked-his-bike...
Hopefully rulings like this make that scenario a little less likely to happen, but it doesn't stop it entirely, it just means that the police need to spend 15 minutes to get a rubber-stamped warrant before they turn everyone within a few miles of crime into a suspect.
This smells like an urban myth.
How is this even remotely a possibility?
Roberts has lost control of his court and is desperately trying to make it appear legitimate.
What does it mean for a Chief Justice to be in control of their court, and of course, for them to be out of control?
They have repeatedly reduced Congressional powers, including today, where they basically said Congress can't setup genuinely independent agencies (in Slaughter). Or when they kneecapped the VRA.
Some of them likely subscribe privately to https://en.wikipedia.org/wiki/Unitary_executive_theory.
The law Congress passed set rules requiring cause for a firing of an FTC commissioner.
It appears they now lack that power that they've had for almost a century.
Or Alito's new "history and tradition" test, invented out of whole cloth to take out abortion but now being applied to all sorts of things Congress does.
"We can make rules the President has to follow" does not supersede the Constitution.
(Or act maliciously.)
https://news.ycombinator.com/item?id=48467712
- identifying all cell phone #s which would regularly appear w/in a certain radius of any State Police Barracks
- disambiguating that from people who lived/worked nearby and/or who met certain criteria
- determining the income and certain other criteria of the remaining numbers
- identifying the home address of the remaining cell #s which met the final criteria and mailing a franchise offer to those cell #s with the assumption that it would be targeting State Police Troopers
In reality, Google simply stopped collecting this data in their cloud, leaving it only on the phone.
Highly recommend (as always) listening to the oral arguments in your favorite podcast player. The specific question of how Google’s T&C’s mattered here came up more than once.