Topic: Search And Seizure

Under the new Rule 41, a single magistrate can issue a warrant for remote access searches if a computer's location is concealed by technology like Tor or if it is part of a botnet spanning multiple districts. Critics argue this allows for sweeping searches of "damaged" computers without sufficient notice to the owners.

Former NSA and CIA Director Michael Hayden defended mass surveillance by redefining the Fourth Amendment's protection against "unreasonable" searches. Hayden argued that "reasonableness" is a product of the "totality of circumstances in which we find ourselves in history," specifically citing the post-9/11 environment. The hosts dissect this definition, arguing it is a legal maneuver designed to justify unconstitutional spying and avoid future prosecution.

The FBI is seeking an amendment to Rule 41 of the Federal Rules of Criminal Procedure to expand its authority to conduct remote electronic searches. Under the proposed changes, magistrate judges could issue warrants to search media located outside their district if the location is concealed through technological means like encryption. Civil liberties groups, including the ACLU and the Center for Democracy and Technology, are scheduled to testify at a public hearing regarding the constitutionality of these expanded surveillance powers.

A study from the University of California, Davis, found that drug and bomb-sniffing dogs have an 85% failure rate when their handlers are misled into thinking contraband is present. The researchers concluded that the dogs are often influenced by their handlers' cues rather than actual scents, calling into question the legal reliability of canine alerts.

The TSA has begun ordering valet attendants at Rochester Airport to search the trunks and engines of private vehicles. Officials justify the searches by claiming valet cars parked near the terminal pose a greater explosive risk than those in long-term lots. The hosts criticize this as an expansion of the police state into private enterprise, noting that passengers are being conditioned to accept warrantless searches of their property in exchange for a false sense of security.