It is very concerning indeed, but will hopefully not be a precedent. At least if common sense and a basic level of constitutional competence prevails.
Rule 41 is a huge concern---as mentioned in the EFF posts---and risks decisions like this becoming commonplace. As the EFF mentions, it also encourages forum shopping: finding a court lax on fourth amendment issues, in this case.
https://www.eff.org/deeplinks/2016/06/making-sense-troubling...
https://www.eff.org/deeplinks/2016/06/federal-court-fourth-a...
It is very concerning indeed, but will hopefully not be a precedent. At least if common sense and a basic level of constitutional competence prevails.
Rule 41 is a huge concern---as mentioned in the EFF posts---and risks decisions like this becoming commonplace. As the EFF mentions, it also encourages forum shopping: finding a court lax on fourth amendment issues, in this case.