WND 8/14/2024
Ruling says geofence warrants to identify everyone present at a time and place are unconstitutionalA federal appeals court has unleashed a stunning ruling that could end up impacting the Jan. 6, 2021, convictions of protesters at the U.S. Capitol.
It is the 5th Circuit Court of Appeals that determined that geofence searches are not allowed under the U.S. Constitution. Those are identifications of individuals using GPS or other technology that provides authorities with names and locations of individuals at a particular time.
The case at hand involved robbery, and Judge James C. Ho, a possible candidate under a Trump presidency for the Supreme Court, explained with clarity how the geofence technology isn't allowed in a ruling that now conflicts with a ruling from another circuit, making a Supreme Court decision more likely.
He said, "Geofence warrants are powerful tools for investigating and deterring crime. The defendants here engaged in a violent robbery – and likely would have gotten away with it, but for this technology. So I fully recognize that our panel decision today will inevitably hamper legitimate law enforcement interests."
But, he continued, "Hamstringing the government is the whole point of our Constitution. Our Founders recognized that the government will not always be comprised of publicly spirited officers – and that even good faith actors can be overcome by the zealous pursuit of legitimate public interests. 'If men were angels, no government would be necessary.' The Federalist No. 51 … 'If angels were to govern men, neither external nor internal controls on government would be necessary.' But 'experience has taught mankind the necessity of auxiliary precautions.' It's because of 'human nature' that it's 'necessary to control the abuses of government.'"
More:
https://www.wnd.com/2024/08/court-unleashes-stunning-ruling-that-could-impact-jan-6-convictions/
