alt Hacker NewsI don't really see an issue with this section. A judge still needs to issue a warrant, they can also additionally waive the requirement that the cop gives you a copy right away, in special circumstances.
Like are you envisioning a "I totally have a warrant but I don't have to give it to you" type situation? I think it's fairly unlikely, and you would likely be able to get the search ruled inadmissible if a cop tried it.
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It’s a huge problem. The warrant is the document the absence of which lets the public know something wrong is being done to them. A warrant is not just a term for judicial approval.
The public must have the ability to easily verify police conduct is appropriate, and it must match the cadence of the police work.
Unless I'm mistaken, it doesn't define what such special situations are. It leaves the determination of providing the warrant to the suspect entirely to a judgement call of the court.
There may well be reasonable scenarios a majority of people would agree that providing a warrant isn't feasible, but that needs to be codified in law in more detail than whenever the judge deems it so.
why even allow for the possibility of misuse? what is the utility of this little addendum?
Why... would you think this is unlikely? Have... you seen videos of ICE agents claiming to have warrants when they don't?
If the statute doesn't lay out exactly where exceptions can be made, it can be abused.
And everyone should be skeptical enough of government power that they mentally switch out "can" with "will".
Are you familiar with parallel construction? That's what this is for. If they have a warrant and show it to you, it says what they can search and why. If they don't tell you what they're searching for and why, they can look for anything, and then construct a separate scenario which just happens to expose the thing they knew would be there from the first fishing expedition. They then use this (usually circumstantial) evidence to accuse you of a crime, and they can win, even if you didn't commit a crime, but it looks like you did. And now they can do it with digital information, automatically, behind the scenes, without your knowledge. (or they can take your laptop and phone and do it then)