There are a lot of states with unconstitutional laws on the books. When a law is declared unconstitutional, it doesn't automatically get taken off the books, but it does become unenforceable. The officer that decided to try to find something to arrest him for went into that area of laws that he should have reasonably known that it was unenforceable, therefore he did violate the rights of Mr Mellott.
AT&T said in its filing that it wants the courts to set a clear standard for the type of approval the government needs in order to obtain cellphone location data, and that it isn't taking a position on whether the standard should be a warrant.
Translation We just want to know if we can keep accepting post it notes from the FBI and DEA for this kind of records request.
Of course, they are not Russian citizens, so they are not subject to the laws that demand a court order to surveil citizens. Just like everyone not a US citizen is not protected by the 4th Amendment. Sound familiar?
I have a friend that lived in that area for several years, and after hearing stories about the police in that area this is not much of a surprise. They also said that particular rural medical facility has had several ethical lapses, and that they were not at all surprised by this news. A very sad thing.
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