Comment by charcircuit
6 hours ago
>There is no judge in the loop. You don’t have that independent authority to scrutinize the demand and to say whether or not it’s legitimate,
The 4th amendment does not require a judge in the loop to decide if a search is unreasonable. This type of thinking leads to adding bureaucracy making law enforcement less efficient. Criminals benefit from having law enforcement's throughput minimized so they will campaign at every turn to make the government less and less efficient and require more and more procedures for an investigation so it all comes to a halt that way as long as they aren't most wanted 1-10 for a year they can get away with what they are doing.
Can you expound on your viewpoint?
It's dicey to say that because warrants are needed in the majority of places to search and individual.
My viewpoint is that we should eventually have AI be assisting in determining if a search is reasonable in the moment. If there is an actual constitutional violation that that happens it can be resolved after the fact. So for simple cases you could get the equivalent of a warrant in under 10 seconds.
By increasing efficiency and decreasing cost it allows for both higher quality, consistent, and wide spread law enforcement. I believe every part of the law enforcement and legal system needs to be systematically reevaluated finding ways to increase efficiency.
> My viewpoint is that we should eventually have AI be assisting in determining if a search is reasonable in the moment.
That is truly bananas. Whose AI? Trained on what data? We've had numerous studies show how AIs can be biased, and a police dept. is going to choose whatever AI "works best for them" — i.e., keeps most out of their way.
You can see Flock for examples here: despite requiring justification for searches, cops are entering things like "hehehe"[1]; the AI would similarly be given bad or falsified inputs.
> If there is an actual constitutional violation that that happens it can be resolved after the fact.
The entire point of the Constitution is to prevent exactly that. There is no resolution for violating someone's rights; you cannot merely go back in time and unviolate them. The point is to be free from unreasonable searches & seizures.
Your comments read like police have no ability to search without a warrant, which isn't true. If circumstances warrant it, a warrant from a judge is not required, and I'm sure a good number of people would argue that that's already true more often than it ought to be.
Part of the point of having a separate branch of government involved, too, is to prevent the first branch from just deciding "why, of course I'm right. What else would I be?", and to evaluate the facts separately (which the police cannot by definition do).
> I believe every part of the law enforcement and legal system needs to be systematically reevaluated finding ways to increase efficiency.
I'm all for increased efficiency, but AI is not that. "Slop, faster" is not the same "the correct action, while respecting the rights of the citizens, faster".
[1]: https://www.aclu.org/news/privacy-technology/tracking-alpr-c...
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