In 2018, the Supreme Court ruled that warrants were needed to obtain cell site location info (CSLI). That decision dealt with law enforcement’s warrantless acquisition of 127 days of location…
They get around the 4th amendment by using FISA ‘courts’ which are essentially the exact technique that is used to make ICE ‘warrants’.
The agency run the ‘courts’ and employ the judges, prosecutors and defense and so their warrants are approved close to 100% of the time. They can say that they obtained a (administrative) warrant without actually needing to put the case in front of real, Article III, judges.
This practice is entirely created and allowed to continue by the PATRIOT act and all of the extensions that get passed by congress every year or two. Congress could kill this practice immediately by not re-approving the authorizations.
They get around the 4th amendment by using FISA ‘courts’ which are essentially the exact technique that is used to make ICE ‘warrants’.
The agency run the ‘courts’ and employ the judges, prosecutors and defense and so their warrants are approved close to 100% of the time. They can say that they obtained a (administrative) warrant without actually needing to put the case in front of real, Article III, judges.
This practice is entirely created and allowed to continue by the PATRIOT act and all of the extensions that get passed by congress every year or two. Congress could kill this practice immediately by not re-approving the authorizations.