2,308 karma · joined August 6, 2014
At the time, it read like pure satire to me.
There must be an understanding here. A warrant executed for an invented and fictitious reason doesn't become "good" because it "finds something"; it's dubious precisely because of its provenance (a lie to cover an unconstitutional search). Whether there really is anything found doesn't impact the constitutionality of a search: that is the point of the "exclusionary rule" -- to exclude real, honest-to-goodness incriminating evidence of a defendant but which is found in violation of his/her constitutional rights. We cannot judge the rightness of a warrant based on whether it leads to useful evidence because then we would have no 4th amendment at all. Therefore, parallel construction doesn't improve anything; rather, it can only serve to increase the number of searches executed for fictitious reasons, and hence the number of dubious warrants.
nb: obviously, the above comment assumes/argues that Herring v United States was incorrectly decided. Also, I am not an appellate lawyer (or a lawyer at all).
[1]: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2558737
Anyway, I heard AMD has 64 cores on a single chip so it may not be too long..
[0]: https://www.bloomberg.com/opinion/articles/2016-08-24/are-in...
[1]: here, he also links to other analysis by him around the same time: https://www.bloomberg.com/opinion/articles/2016-06-17/blockc...
[2]: https://www.bloomberg.com/opinion/articles/2015-02-27/arbitr...
The followup tweet includes my suspicion this might have been the first because they first discovered the lack of a law, and creatively got around that fact.
Can you elaborate?