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The Water Cooler
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Holder limits seized-asset sharing process that split billions w/ local, state police
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<blockquote data-quote="_CY_" data-source="post: 2883486" data-attributes="member: 7629"><p><span style="font-size: 22px"><strong>It’s not a Fourth Amendment search if a cop swipes your credit card, court finds</strong></span></p><p><span style="font-size: 18px"><strong>Mag stripe simply contains same info that's clearly visible, so no warrant needed.</strong></span></p><p></p><p>Jun 10, 2016 </p><p><img src="https://www.okshooters.com/data/MetaMirrorCache/cdn.arstechnica.net_wp_content_uploads_2016_06_5463888252_bd928fb95b_b_640x480.jpg" alt="" class="fr-fic fr-dii fr-draggable " style="" /></p><p>A federal appeals court ruled Wednesday that law enforcement can legally scan or swipe a seized credit card—in fact, it is not a Fourth Amendment search at all, so it doesn’t require a warrant.</p><p></p><p>In the <a href="https://www.documentcloud.org/documents/2857614-151316P.html" target="_blank">8th Circuit Court of Appeals’ 15-page opinion</a>, swiping a card does not constitute a physical search, as the magnetic stripe simply contains the same information obviously visible on the front of the card. Plus, the defendant, Eric-Arnaud Benjamin Briere De L'Isle, couldn’t have had a reasonable privacy interest in the card, the court concluded, because he would have tried to use it when he tried to buy something, thereby giving up privacy interests to a third party (the issuing bank).</p><p></p><p>According to <a href="https://www.documentcloud.org/documents/2857634-Document-41.html#document/p8/a301244" target="_blank">court records</a> in <em>United States v. De L’Isle</em>, the case began in June 2014 when Eric-Arnaud Benjamin Briere De L'Isle was driving westbound on I-80 and was pulled over by a Seward County, Nebraska, sheriff’s deputy.</p><p></p><p><a href="http://arstechnica.com/tech-policy/2016/06/appeals-court-rules-cops-can-legally-search-a-seized-credit-card-with-no-warrant/" target="_blank">http://arstechnica.com/tech-policy/2016/06/appeals-court-rules-cops-can-legally-search-a-seized-credit-card-with-no-warrant/</a></p></blockquote><p></p>
[QUOTE="_CY_, post: 2883486, member: 7629"] [SIZE=6][B]It’s not a Fourth Amendment search if a cop swipes your credit card, court finds[/B][/SIZE] [SIZE=5][B]Mag stripe simply contains same info that's clearly visible, so no warrant needed.[/B][/SIZE] Jun 10, 2016 [IMG]https://www.okshooters.com/data/MetaMirrorCache/cdn.arstechnica.net_wp_content_uploads_2016_06_5463888252_bd928fb95b_b_640x480.jpg[/IMG] A federal appeals court ruled Wednesday that law enforcement can legally scan or swipe a seized credit card—in fact, it is not a Fourth Amendment search at all, so it doesn’t require a warrant. In the [URL='https://www.documentcloud.org/documents/2857614-151316P.html']8th Circuit Court of Appeals’ 15-page opinion[/URL], swiping a card does not constitute a physical search, as the magnetic stripe simply contains the same information obviously visible on the front of the card. Plus, the defendant, Eric-Arnaud Benjamin Briere De L'Isle, couldn’t have had a reasonable privacy interest in the card, the court concluded, because he would have tried to use it when he tried to buy something, thereby giving up privacy interests to a third party (the issuing bank). According to [URL='https://www.documentcloud.org/documents/2857634-Document-41.html#document/p8/a301244']court records[/URL] in [I]United States v. De L’Isle[/I], the case began in June 2014 when Eric-Arnaud Benjamin Briere De L'Isle was driving westbound on I-80 and was pulled over by a Seward County, Nebraska, sheriff’s deputy. [URL]http://arstechnica.com/tech-policy/2016/06/appeals-court-rules-cops-can-legally-search-a-seized-credit-card-with-no-warrant/[/URL] [/QUOTE]
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Holder limits seized-asset sharing process that split billions w/ local, state police
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