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0 pointsvngzs5y ago0 comments

> Are you saying that that the probable cause requirement still allows warrants to be granted very easily? Or that the probably cause requirement is not being followed?

Well, both.

Warrants may be granted very easily via the FISA courts [0]. They are unenforced in the warrantless wiretap programs [1]. If your wiretap happened to be illegal, and you want to work around this to win the court case anyway, you use parallel construction to build a case that does not rely on the secret wiretap [2]:

> Because the SOD's work is classified, DEA cases that began as NSA leads can't be seen to have originated from a NSA source.

> So what does the DEA do? It makes up the story of how the agency really came to the case in a process known as "parallel construction."

[0]: https://en.wikipedia.org/wiki/United_States_Foreign_Intellig...

[1]: https://en.wikipedia.org/wiki/NSA_warrantless_surveillance_(...

[2]: https://www.washingtonpost.com/news/the-switch/wp/2013/08/05...

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clucas5y ago· 1 in thread

You are talking about a particular type of warrant. I don't think the average local police force is getting FISA warrants for their day-to-day police work (maybe I'm wrong? I would like to see numbers on that before I change my mind though), and OP did not limit their statment to FISA warrants.

vngzsOP5y ago

The news sources I've encountered seem to imply otherwise. The linked Washington Post article was an early hint at this, and built on original material from [0]. Now we have other sources backing this up, such as [1], and detailed breakdowns of this practice with lots of evidence as seen in [2]. Just search for the word "local" or "state" in [2] if you need the details.

[0]: https://www.reuters.com/article/us-dea-sod/exclusive-u-s-dir...

[1]: https://theintercept.com/2018/01/09/dark-side-fbi-dea-illega...

[2]: https://www.hrw.org/report/2018/01/09/dark-side/secret-origi...

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