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Comment by Manuel_D

6 months ago

Courts have previously held that heuristics based determinations are not sufficient to serve as probable cause. E.g. "predictive policing" technologies can be used for e.g. scheduling officers to different areas, but aren't valid to conduct a search.

If this feature is used to make an arrest, there's a good chance the case would be thrown out.

The case can be thrown out, but it's still going to cause you massive disruptions. Everything from just being arrested in the first place and being held in custody for some amount of time, to having to hire a lawyer, to the social consequences of your name being tied to being arrested. It's going to cost you time, money, stress, family and social relationships. And there's a non-zero chance that if your life starts being investigated after such an arrest, something could be found to still affect you or your family and friends.

And once you're on their radar, you're probably going to also end up being marked for extra scrutiny. You might find yourself being pulled over more often, or getting the SSSS on your airplane boarding pass.

https://www.msn.com/en-us/news/us/emiliano-s-agents-left-beh...

ICE are to a large extent above the law. Their entire purpose is to snatch people and move them to locations where they can be denied legal redress. A couple of high profile cases have only got redress due to very dedicated intervention by congresspeople, which does not scale.

I think people need to start reckoning with the underlying problem, which is that oppressive policing in America is popular provided it's happening to someone else.

  • Geez, East Germany's State Security, but with supremely better surveillance tech, and AI.

    Curious how "Homeland Security" and "State Security" are equivalent names.

    Looking forward to a "Report suspicious neighbors"-program next. Your neighbor made fun of Trump? Report this unamerican activity to Kristi Noem!

    • > Curious how "Homeland Security" and "State Security" are equivalent names.

      Yes, but the unfortunate thing with names is that people get to pick them to sound however they want.

      This is why the official name of the Berlin Wall translates as "anti-fascist protection barrier", along with all the examples that probably inspired 1984 (written in 48, so before the wall).

I'm not sure such cases would be thrown out. See "parallel construction" for examples of illegally obtained data the DEA was advised to build an evidence chain NOT based on the illegally obtained info, but based upon evidence gleaned after the fact but built to show discovery during the course of investigation.

Who says the feature will be used to make an arrest?

The heuristics are clearly about who to pull over, etc. Evidence for arrest/search will be determined afterwards. And, as far as search is concerned, it could be as simple as getting a dog to bark.

Why would the police even inform you that flock was used?

  • Why? Because the prosecutor doesn't want all their work to go to waste because they didn't disclose Brady evidence. Even if they successfully argue that Officer Flock's reporting isn't exculpatory, they still have to do extra work to respond to a Brady motion for a case that already got a conviction.

    • In cases of parallel construction of evidence, is the prosecution still obligated to disclose everything to the defense in discovery? Is the tree from which the Fruit is picked only obscured from the jury, or from the defense as well?

      1 reply →

    • Hah, as an ex-Flock employee, their transparency report is utter garbage. "Agencies using Flock." In my immediate vicinity, three County Sheriffs use it, but they are not listed. Several city PDs in my county also use it, but they are not listed.

If this feature is used to make an arrest, there's a good chance the case would be thrown out.

They'll just parallel construct the crap out of it and get their arrest anyway.

But flock now has an Api for to Cause, the parallel construction AI. /s

So if they flock to the cause, all arrests are go. And there are always fallback crimes everyone in a modern society commits, that can be dragged in after a search .