The case involving a Virginia bank robbery is the latest example of the justices wrestling with how to apply constitutional protections to new technology.
They can present whatever arguments they’d like and a judge can read the above Supreme Court case, rule that their case is built on illegal evidence and dismiss it. If that judge does not the the judges in the court of appeals can overturn the lower court.
This ruling confirms that there is no other legal path to obtain that data which isn’t a warrant.
Of course, you’re right that there are other ways to prove location, but the digital evidence (as in this case) would be suppressed and the jury would not hear it.
The case that launched this Supreme Court decision is pretty textbook poison fruit. The subsequent search warrant which obtained the gun and cash was obtained specifically because of the geofence warrant. The lower court still has to determine the legality of the original warrant, but if it was found to be unreasonable (likely, overly broad) then all of the evidence including the custodial confession would be tossed.
As you and I both know, a case built on illegally obtained evidence is also illegal.
They can present whatever arguments they’d like and a judge can read the above Supreme Court case, rule that their case is built on illegal evidence and dismiss it. If that judge does not the the judges in the court of appeals can overturn the lower court.
All you have to do to get evidence admitted is show you could have arrived at it via a different (legal) path.
Usually it takes a really good lawyer to argue fruit of the poisonous tree successfully.
This ruling confirms that there is no other legal path to obtain that data which isn’t a warrant.
Of course, you’re right that there are other ways to prove location, but the digital evidence (as in this case) would be suppressed and the jury would not hear it.
The case that launched this Supreme Court decision is pretty textbook poison fruit. The subsequent search warrant which obtained the gun and cash was obtained specifically because of the geofence warrant. The lower court still has to determine the legality of the original warrant, but if it was found to be unreasonable (likely, overly broad) then all of the evidence including the custodial confession would be tossed.
I like to think the justice system works…but I’m not convinced these days.
I hope you’re right.