Short Circuit 306 | Widespread Super Cheap Surveillance
Jan 11, 2024
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Discover the intriguing world of trial tactics in a civil rights case, explore the Fourth Amendment's protection of medical records, and delve into the erosion of privacy due to surveillance and AI bots in this episode.
Discovery abuse can lead to a new trial being granted if it affects the fairness and integrity of the trial.
Individuals do not have an objectively reasonable expectation of privacy in their opioid prescriptions due to heavy regulation.
Deep dives
The Fourth Circuit Allows for a New Trial Based on Discovery Abuse
The podcast episode discusses a case from the Fourth Circuit, Morgan v. Tinscher, where the court ruled that a new trial was necessary due to discovery abuse. The case involved a 1983 lawsuit against a police officer for excessive force. The officer's attorney failed to disclose another lawsuit against the officer for excessive force, which was only discovered by the plaintiff's attorney three weeks before the trial. The officer lied on the stand, denying any other lawsuits, and it was later revealed that there was indeed another lawsuit. The court concluded that the discovery violation impeded the fairness and integrity of the trial and granted a new trial for the plaintiff.
The Ninth Circuit Addresses the Fourth Amendment and Opioid Database Searches
The podcast episode explores a Ninth Circuit case involving Fourth Amendment rights and searches of a government opioid database. The court ruled that individuals do not have an objectively reasonable expectation of privacy in their opioid prescriptions due to the heavy regulation of opioids. The court stated that the purpose of the database is to scrutinize and regulate the prescription and distribution of opioids. The court distinguished this case from general medical records, noting that opioids are more highly regulated. The episode discusses concerns about the erosion of Fourth Amendment rights due to the expansion of the surveillance state and the impact on privacy as technology advances.
Unmentioned Considerations in the Fourth Circuit and Ninth Circuit Cases
The podcast episode raises a couple of unmentioned issues in the Fourth Circuit and Ninth Circuit cases. One issue is the closely regulated industry exception, which allows warrantless searches in certain regulated industries. The court did not reference this exception despite the heavy regulation of opioids. Another unaddressed issue is the third party doctrine, which deals with privacy rights when information is shared with third parties. The court did not discuss the application of this doctrine in the context of the opioid database. The episode highlights the impact of current Fourth Amendment jurisprudence on individual privacy and suggests possible gaps and concerns that arise from the courts' analysis.
Reflections on Fourth Amendment Doctrine and Privacy Rights
The podcast episode presents broader reflections on Fourth Amendment doctrine and privacy rights. It argues that our conception of individual privacy is diminishing in an age of pervasive surveillance and constant sharing of personal information online. The episode questions the current framework of Fourth Amendment protection based on an objectively reasonable expectation of privacy and the erosion of privacy as the surveillance state expands. It points out that our privacy rights may be defined by regulations rather than a solid underlying principle, and that the courts often provide lenient interpretations and exceptions to Fourth Amendment rights. The episode raises concerns about the public's perceived lack of privacy protection in various aspects of their lives, and the potential implications for constitutional law.
If a defendant lies on the stand, and also hasn’t turned over records that would have helped answer the same question, is that discovery abuse? We dig into trial tactics with IJ’s Will Aronin in a civil rights case from the Fourth Circuit where a police officer defendant may not have been entirely truthful about how many times he had been sued. Then IJ’s Jeff Rowes gives the full Reno 911 about a man whose prescription drug mill was nabbed through a warrantless search of a massive government database. Does the Fourth Amendment protect your medical records? We learn how the Ninth Circuit recently grappled with—or, rather, didn’t grapple with—that issue.
