Friday, May 3, 2024

New Bill Would Give Police Extraordinary Power With Few Guardrails

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loves technology — particularly the type that allows them to surveil, track, monitor and otherwise spy on broad swathes of the public…all without having to get a warrant to do so.

The justification is that such surveillance helps catch the “bad guy of the month,” whether it's terrorists, drug lords, human traffickers, kidnappers, terrorist drug kidnappers and so on. (RELATED: Why Criminals And Law Enforcement Love Your Ring Video Doorbell)

And most lawmakers, who are eager to tout their anti-criminal bona fides in election campaigns, have traditionally been happy to give law enforcement whatever it wanted, never mind the Constitution.

In , legislators have attempted to split the difference between unlimited surveillance and constitutional restrictions on such lawlessness. As WRAL's Will Doran reported, a House committee approved a bill that would allow cops to “track people's cell phones in real-time — without a warrant…”

Wait…how is this different from the existing regime of warrantless surveillance?

It would allow warrantless spying — for 48 hours. After that, the police would need to get a warrant. It's better than requiring no warrant at all but still gives far too much latitude to law enforcement to decide who needs to be under warrantless surveillance and when the 48-hour countdown to having to get a warrant begins.

The Electronic Frontier Foundation has long opposed warrantless tracking and for the simplest of reasons. It's unconstitutional:

“The government should not be allowed to turn a cell phone into a real-time tracking device without complying with the Fourth Amendment,” said EFF Staff Attorney Andrew Crocker.

That sentiment holds at the federal and state levels. Giving law enforcement a free pass on warrantless tracking — even for a couple of days — is contrary to individual privacy and makes a mockery of the constitutional limits on state police power.

If cops want to track someone, fine. Go make the case to a judge and ask for a warrant first.

The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.

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Norman Leahy
Norman Leahy
Norman Leahy has written about national and Virginia politics for more than 30 years with outlets ranging from The Washington Post to BearingDrift.com. A consulting writer, editor, recovering think tank executive and campaign operative, Norman lives in Virginia.

9 COMMENTS

  1. Especially with the SloJoe regime. They make Nixon and Hoover look like saints.

  2. any potential for legal abuse by law enforcement WILL result in legal abuse by law enforcement every time!

  3. Warrantless spying for 48 hours? Yeah, great. How would anyone know when those 48 hours started???

    I don’t think so. Just another tool for the Democrat losers to politically attack their enemies (mainly the American people).

  4. No way must not be aloud at all no military police in America why has not biden his administration been arrested they are darn right criminals law breaking criminals Constitution as Written law breaking Traitor’s Treasonous criminals.

  5. Need to start going after the people who write these bills! They are dangerous to America and her people. Need names of these Unamerican trash! Is there one investigating journalist who can get these names in Congress trying to take the American people’s rights and freedom away?

  6. They’ve already been doing this. That’s how they tracked down so many of the J6 protestors.

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