четверг, 12 февраля 2015 г.

Volokh Conspiracy: Undercover Facebook investigations and the federal/state divide — a response to David Post

crzycple2006 29yo Nashville, Tennessee, United States

katdutchgirl 26yo Brewster, New York, United States

dianedce 49yo Looking for Men Coronado, California, United States

Mahogany033 34yo Charleston, South Carolina, United States

Volokh Conspiracy: Undercover Facebook investigations and the federal/state divide — a response to David Post

In an earlier post, co-blogger David Post pointed to a state trial court ruling in Montana, for which he was an expert for the defense, which concluded that the government needs a warrant under the Fourth Amendment and/or the Montana Constitution for a police officer to go undercover on Facebook as a teenage girl, “friend” a target, and have conversations with that target. Here’s a different perspective on the case. To the extent the judge was relying on the Montana Constitution, the decision is plausible. On the other hand, the decision is plainly wrong if it was relying on the federal Fourth Amendment. Read full article >>