news.volyx.in

Court finds Fourth Amendment doesn’t support broad search of protesters’ devices (eff.org)

640 points by hn_acker · 140 days ago · 112 comments on HN

Article summary

The US Court of Appeals for the Tenth Circuit has overturned a lower court's dismissal of a challenge to sweeping warrants to search a protester's devices and digital data. The court found that the warrants were overbroad and lacking in particularity, violating the Fourth Amendment. The decision is seen as a win for protesters' rights and a limitation on police immunity for violating constitutional rights. The case will now proceed in the district court.

Main themes

  • protesters' rights
  • police immunity
  • Fourth Amendment
  • privacy protection
  • accountability
  • judicial reform
  • government oversight

What commenters say

  • Requiring police officers to carry individual liability insurance could help prevent rights violations by making them more accountable for their actions.
  • The penalty for violating rights under color of law should be more severe, such as serious jail time and restitution, to effectively deter such violations.
  • Tech solutions to protect privacy are insufficient without laws to prevent authorities from detaining people indefinitely until they surrender access to their data.
  • The expansion of Section 1983 to cover federal officials and the overhaul of qualified immunity for state officials are necessary steps to hold authorities accountable for rights violations.
  • The value and right to privacy are not being adequately protected by society, and this may only change if people experience a catastrophic loss of privacy.
  • The breakdown in the process of holding the government accountable to its own laws may ultimately require the people to take action through protest, voting, or civil disobedience.
  • Congress, rather than the Supreme Court, is the intended mechanism for holding a rogue administration accountable, but a deadlocked Congress can hinder this process.
  • Term limits for Supreme Court justices and transparent ethics policies could help prevent corruption and ensure accountability within the judiciary.