The Biden administration and the Department of Justice have proven time and time again they don’t care about the Constitution.
The past couple years have marked the greatest leap forward in draconian government measures in the history of the United States.
Now FBI officials found themselves in hot water after using this unConstitutional trick to target protesters.
FBI collected private location data following January 6 to track down protesters
The FBI has been growing too big and powerful for the tastes of many Americans and it was on full display when they collected private location data of thousands of people on January 6, 2021.
This was in response to the protest-turned-riot at the US Capitol in objection to the certification of the 2020 Presidential Election.
Whether or not you agree with the outcome of the election is unimportant.
Everyone should agree that the government should not be able to obtain general warrants to scrape personal information from your mobile devices without a specific warrant.
But that’s exactly what happened so that the FBI could track down average Americans across the country who showed up to the Capitol following that day.
Attorney argues the “geofence warrant” collected an abundance of “personal data”
Now one defense attorney, Rebecca Fish, is fighting back on behalf of her client David Charles Rhine.
Fish argues that, “the geofence warrant requested and authorized here collected an alarming breadth of personal data.”
She is requesting that US District Judge Rudolph Contreras withhold her client’s location information and any “fruits of that evidence, obtained by a modern-day general warrant in violation of the Fourth Amendment.”
Fish not only argued that this process violated her client’s rights but also that of other Americans who weren’t even involved.
She said that in order for Google to find someone who was present at the Capitol on January 6, they had to “search across all [location history] journal entries to identify users with potentially responsive data.”
Data collection impacted “numerous tens of millions” to collect the info of “5,273 unique devices”
Once they had a list of users with location services turned on they would, “then run a computation against every set of coordinates to determine which records match the time and space parameters in the warrant.”
According to Fish, these actions involved “numerous tens of millions” of Google users in the US and abroad.
This information was all searched en masse to get location information on just “5,273 unique devices that Google estimated were or could have been in the geofence during the four-and-a-half-hour period requested.”
Fish argues this was obviously a gross violation of the Fourth Amendment – and it even has a margin of error.
Google says that there is a “32 percent chance that users identified” could be somewhere else
In her motion, Fish cites issues of accuracy that even Google admits exist.
She says that Google reports that “there is up to a 32% chance that the user in any of this data is actually not within the radius surrounding the estimated location and could be somewhere else.”
This is another gaping hole in their evidence to indict Rhine on any charges.
His charges are all in relation to his location – entering and remaining in a restricted building or grounds, disorderly conduct in a Capitol building, disorderly or disruptive conduct in a restricted building, or grounds, and parading, demonstrating, or picketing in a Capitol building.
If they can’t prove their case without this overreach, then it may get thrown out entirely if this evidence is suppressed by the judge.
This is a highly consequential case that could end up setting major precedent on Fourth Amendment protections of privacy in the US.
US Political Daily will keep you up-to-date on any developments to this ongoing story.