Probable Cause Is Not Really a Huge Barrier For Police

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You know what really gets me about the recent Supreme Court case over police access to cell phone location records? It’s not as if anyone was trying to take away their ability to get them. All anyone wanted was for police to get a warrant showing probable cause. That’s it.

Why is that treated as such a big deal? Police show probable cause all the time even in fairly flimsy cases, and judges routinely grant them search warrants. I don’t understand why anyone thinks this minimal protection is too much to ask in return for access to complete and total movement data on an American citizen. The alternative, “reasonable grounds” as determined by the police themselves, is essentially nothing. In the opinion of a detective, after all, there are always reasonable grounds.

By the way, the Wall Street Journal adds this:

Several states, including California, Massachusetts and Utah, as well as a number of local governments, have adopted measures requiring police to obtain warrants for such searches with little apparent impact on crime rates.

That certainly would have been my guess.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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