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MCIO fishing warrants
Posted on September 2, 2018 by Hall on his excellent blog.
To get a search warrant for home surveillance equipment, the affidavit for the warrant has to show some inference or fact that there is, in fact, one to be found there. The mere fact they are a lot cheaper these days isn’t enough to get one. Foreman v. State, 2018 Tex. App. LEXIS 7264 (Tex. App. – Houston (14th Dist.) Aug. 31, 2018): The parties have not cited, nor have we found, a case in which the Court of Criminal Appeals has determined under what circumstances a magistrate could reasonably infer that an electronic device exists in a particular location. This court has required specific facts to support an inference that those devices exist before we have allowed seizure or search of electronic devices pursuant to a warrant. This is demonstrated by our jurisprudence surrounding the searches of computers/cameras and cellphones.
Take the trouble to closely read an MCIO / military search authorization for facts. There will be a lot of “I’ve been trained” and in my one or two case experience, and stuff.
That’s the bait for MCIO fishing expeditions into your privacy that uninformed commanders buy into.