Hi all,
On Wed, 14 Aug 1996, Jim Choate wrote:
Forwarded message:
Date: Wed, 14 Aug 1996 22:24:39 -0400 (EDT) From: Black Unicorn
Subject: Re: [NOISE] "X-Ray Gun" for imperceptible searches Correct. No warrant is required to observe that which is freely collected after eminating from the residence of another and observed off his property.
Same concept applies to the "sniff" test and ariel views into greenhouses.
Pitty somebody doesn't bring a suite against the FCC under this logic. It would particularly impact radar detectors, cell phones, and other types of scanners.
Uh, what is the chain of logic that supports this suit exactly?
Simple actualy. The police don't need a warrant to collect such information because it is in the public domain (ie not private and therefor requiring a search warrant and probable cause). Therefore anybody (not just cops) can pick it up. It is becoming more and more popular for governments to limit the ability of scanners and other such detectors to pick up information supposedly to protect privacy. The above states that if it is eminating from the residence (and by extension person) and is picked up off their property, perhaps on or in public space then it is fair game. Clearly we have two current standards for evidence collection which are directly at odds. States such as N. Carolina (per extension via the 14th) should be prohibited from regulating or otherwise controlling possesion and use of radar detectors (in this case) which are currently illegal for private persons to operate. If the police don't need a warrant to collect information then citizens are equaly able to recieve that information as well. Since the above ruling states that as long as the emissions are eminating from the site and the reception takes place other than at the site (in this case, being inside the police car) , perhaps along a public highway, then no privacy is involved. This means that citizens have a right, by extension, to know when they are being beamed by radar. This same chain of logic can be extended to cell phones and such as well. This connection is even clearer when one realizes that the only difference between IR and your cell phone eminations is frequency. The intermediate vector boson in both cases is a photon. It is similar to arresting somebody for wearing a blue shirt but letting the person wearing the red shirt go free. The rationale being that since the frequency of the blue shirt is higher it is fundamentaly different then the red shirt. This ruling is prima facia evidence that the judicial system as a whole has no clear grasp of technology, not just Internet technology. Jim Choate