Remix.run Logo
t-3 3 hours ago

> Adjusting your example, if I'm simply friends (implying history of contact) with a known drug dealer, am I really at risk of my home being raided and communications seized solely because I might have evidence leading to their conviction?

If the police can convince a judge to give them a warrant for it, sure, but if they were targeting you specifically they probably wouldn't bother with the indirect route of your drug-dealing friend and would just harass you for j walking and not using your blinkers properly until you raised your voice at a cop and charge you with assaulting an officer.

dugidugout 2 hours ago | parent [-]

I believe you have the hypothetical confused.

> if they were targeting you specifically

They are not targeting Natanson at all from what I can tell. They're targeting a source she's writing from (to what extent isn't clear to me). This is precisely why I'm positing Whren doesn't apply here.

I get the idea of being 'papered' out of a system, but I'm trying to distinguish a pretext that can be justified (objective probable cause) from one that can't (abuse of process). My boss can easily provide reason relating me to fire me, however fantastic the reality, but those would be refused, for good reason, if they surfaced them through private channels outside the organization.

t-3 an hour ago | parent [-]

In the case of drugs, they probably wouldn't have any reason to raid you unless you were suspected of stashing drugs or money or some other evidence. The journalist is reasonably likely to be in contact with the leaker and so the cops have a somewhat valid pretext to seize things they thought contained evidence of the crime. Whether or not the cops should be able to do that is another thing, but the precedents have been long set.

The really strange thing here is the massive raid in the middle of the night rather than a more proportional response. That suggests that the journalist was being targeted specifically.

dugidugout an hour ago | parent [-]

> In the case of drugs, they probably wouldn't have any reason to raid you unless you were suspected of stashing drugs or money or some other evidence.

To keep with the analogy: If I had a public history of contact with the dealer (and was a prolific writer on the inner workings of drug trafficking), police could claim "reasonable suspicion" that I have communications/evidence related to them. That would justify seizing my devices for investigation under the same logic.

I agree there's more context to evaluate, but even Bondi's provided framing troubles me. It seems broad enough to target any journalist with relevant sources to a provided crime.