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558 points mikece | 1 comments | | HN request time: 0s | source
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pcaharrier ◴[] No.45030323[source]
Several years ago I had the opportunity to observe when a detective came to a magistrate's office to petition for a search warrant. The warrant sought to search the contents of a person's phone, essentially without any limitations. The alleged crime was assault and battery on a family member. When asked "What is your probable cause that the phone is likely to contain evidence of the commission of this crime?" the detective had basically nothing to say (having put nothing to that effect in the affidavit for the search warrant) other than some vague (cooked up on the spot?) statements about the "mobile nature of our modern society and the fact that cell phones are everywhere and everyone has one." The magistrate denied the warrant, but it's a sad testament to the propensity of law enforcement to cut corners that that search warrant affidavit was far from the last one I saw that targeted the cell phone of an accused and claimed that it was necessary to search the entire contents of the phone.
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lovich ◴[] No.45031459[source]
Is that cutting corners? It sounds more like trying to break the law so they could find _anything_ to throw at the guy.

With how many laws we have on the books, everyone on the planet can be found guilty of some violation if their life is examined with a fine toothed comb

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1. pcaharrier ◴[] No.45031934[source]
>Is that cutting corners? It sounds more like trying to break the law so they could find _anything_ to throw at the guy.

In my experience, yes, in many cases it was more laziness than something nefarious. Police often have a theory of the case in their head that just doesn't make it onto the affidavit. Things that seem obvious to them after investigating the case for some length of time are not as obvious to someone seeing it for the first time on a search warrant affidavit. Fishing expeditions happen, no doubt, but let's also remember Hubbard's corollary to Hanlon's razor: "Never attribute to malice or stupidity that which can be explained by moderately rational individuals following incentives in a complex system." They get in a hurry, don't read the affidavit with fresh eyes, and forge ahead anyway because they're under pressure to close cases quickly. Not that that's a good thing, but it's distinct from people who are intent on just breaking the law and violating people's rights.