The Volokh Conspiracy » Search Warrant for Name of the Author of ...
I blogged about this case last week ( Is It a Crime to Publish Parody Videos That Use “Lewd ... Language” Meant to “Embarrass and Emotionally Torment” Police Officers? ); yesterday, the judge stayed the search warrant aimed at unmasking the author of the videos, pending a hearing on whether the search warrant should be quashed. [UPDATE: The request to quash the warrant came from lawyer Harish Bharti , who is representing an unidentified client (who might well be the anonymous author of the videos).]
As I argued in my earlier post, under the City Attorney’s interpretation of the Washington cyberstalking statute that the videos supposedly violate, that statute violates the First Amendment and is unconstitutionally overbroad on its face; if that’s so, then the warrant should indeed be quashed, because it will not reveal evidence of criminal conduct. It will be interesting to see what ultimately happens in court. Thanks to Ed Grinberg for the pointer.
well, considering his clear ignorance of the constitution and constitutional law, i am about 99.9% certain the volokh conspiracy is probably the last place he would be looking.
maybe though, considering the impact his overreach has had, he may actually be seekingto self-educate.
let me just say... in defense of REAL COPS...a point i often make... police chiefs aren’t cops (usually)... they are cop-o-crats... political appointees with about as much in common with a real cop, as theCEO of a company has with an assembly line worker
As this cyberlaw blog article points out , a preliminary hearing to quash a search warrant before it’s executed is unusual.
A subpoena can be challenged in this manner, but typically a search warrant is litigated after-the-fact in a suppression hearing or on a motion to return the property.
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