tag:blogger.com,1999:blog-2807403883562053852.post2230569952404371937..comments2024-03-27T08:40:31.785-06:00Comments on Clayton Cramer.: Is This Legal? Clayton Cramerhttp://www.blogger.com/profile/03258083387204776812noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-2807403883562053852.post-75937349789150254472013-08-07T21:31:39.523-06:002013-08-07T21:31:39.523-06:00One thing I think is being elided here is that int...One thing I think is being elided here is that intelligence about purely criminal activity in the U.S. may be picked up in the course of espionage outside the U.S.<br /><br />There is no wall of separation between terrorists and drug dealers.<br /><br />So what is to be done when NSA monitoring of cell phone traffic in Mexico reveals a previously undetected drug smuggling operation in the U.S.?Rich Rostromhttps://www.blogger.com/profile/13262703348236110420noreply@blogger.comtag:blogger.com,1999:blog-2807403883562053852.post-15647855998401916062013-08-07T11:05:40.557-06:002013-08-07T11:05:40.557-06:00It's more of that "new professionalism&qu...It's more of that "new professionalism" Scalia was talking about, I guess.Sebastianhttps://www.blogger.com/profile/14648225987293475835noreply@blogger.comtag:blogger.com,1999:blog-2807403883562053852.post-49275953416073028812013-08-07T09:27:20.467-06:002013-08-07T09:27:20.467-06:00There might be some lack of understanding of the t...There might be some lack of understanding of the term "recreating a case". Law enforcement might have been describing "pretextual" investigations to a reported who has zero knowledge of case law. Whren v. United States, 517 U.S. 806 (1996) is seminal in understanding the issue: as long as there is "independent justification" for an investigation, it does not matter how one first came to pay attention to any particular suspect. <br /><br />Let's say there is an anonymous tip (from any source) that a particular someone is transporting a contraband item in a described vehicle. The cops can legally watch for said vehicle/person to commit a non-related violation, interdict that violation, and in the course of that investigation find the item(s) pursuant to the tip. The basic understanding is that there must be an objective violation of law to investigate apart from the source information. It could be something as simple as a traffic violation that begins the interface.<br /><br />Anyway, this could be what is in play with the term "recreating".<br />BFRhttps://www.blogger.com/profile/09446254517738219155noreply@blogger.com