Malheur Defendants Want Facebook Evidence Thrown Out Of Court

[struggle4progress]

by Ryan Haas OPB
June 21, 2016 9:43 a.m. | Updated: June 21, 2016 10:49 a.m. | Portland

Ammon Bundy and his followers made regular updates to their social media accounts during the occupation of the Malheur National Wildlife Refuge near Burns, Oregon.

And law enforcement was closely monitoring those accounts that documented their activities.

But defense attorneys for Bundy and more than 20 others awaiting trial for the occupation now argue that hundreds of thousands of pages of Facebook evidence collected by the government were done so illegally, according to court documents filed Monday.

The attorneys argue that the warrants federal officers used to collect data in Oregon — and in Nevada for a similar 2014 standoff — are “overbroad” and violate their clients’ Fourth Amendment rights ...

http://www.opb.org/news/series/burns-oregon-standoff-bundy-militia-news-updates/malheur-defendants-facebook-evidence-thrown-out/

[enough]

1. True to form. (nt)

[PJMcK]

2. Social media has an expectation of privacy?

Who knew?

That's some legal argument the Bundy et al. attorneys are making!

[TexasMommaWithAHat]

3. LOL

[snooper2]

4. LOL, the bundy fuckers are going to do some good prison time...

I've watched probably over a 100 hours of their YouTube bullshit while it was all going on from Douchebag David Fry to Cliven's ignorant wife...

All evidence you stupid fucks- And your own words will land keep you in the slammer- ENJOY!

[gratuitous]

5. And people in Hell want ice water

Sorry Bundy Bunch; no go. The information that you yourselves voluntarily posted to the internet isn't subject to Fourth Amendment protection. Nitwits. I hope Judge Brown takes this kind of pettifoggery into account when she sentences the guilty parties.

[Ilsa]

12. And they want to be armed while in jail,

better internet access and more cable/satellite tv stations. They really don't understand the concept of jail.

[Monk06]

6. They were using FB to promote their views No expectation of privacy I bet they set the preferences

to those pages to Public

Then there's the Bundy fan sights publishing their interviews and press releases

https://www.facebook.com/search/top/?q=bundy%20ranch

Motion denied

[reflection]

7. Bad news, fellas

the 4th amendment ain't what it used to be. And even more so when you post your idiocy on Facebook.

Morons.

[Wellstone ruled]

8. What do you expect when your

attorneys Munford and Philpot. These Guys are not the brightest,and do family law and real estate. Someone posed these two finished near the bottom of their J.D. Class.

[Beaverhausen]

9. they provided hours of fun on Facebook

Snacks for Y'all Queda anyone?

[L. Coyote]

10. They might win this motion, but it won't save their criminal arses.

The government sought to

.... gather “private messages, chat history, video calling history, photos, status updates, wall postings, friend lists, list of groups and networks of which the user is a member, user identifications of friends and groups, rejected ‘Friend’ requests, pending ‘Friend’ requests, comments, information about the user’s access to and use of Facebook applications and services, history of the ‘like’ feature, etc.”

Olson acknowledges that the government could gather publicly posted information. But the attorney argues that the search of private data outlined in the warrant is so broad, it’s equivalent to an unrestricted search of a person’s home or belongings, which is prohibited by the Fourth Amendment.

Ask yourself, "Do you want the government prying into your private social media without a probable cause showing?"

[Rex]

11. Awwwww

[Vinca]

13. I thought last week they were whining because they couldn't have Facebook in jail.

If you broadcast to the world, all of the watchers aren't your batshit crazy brethren. Some are cops.