No civil libertarian is delighted to save criminals from prosecution just to frustrate law enforcement. It often happens that the frontiers of acceptable state conduct are tested in such cases, though. Here, EFF isn't interested in making sure Vargas can shoot cans in his yard without interference. Rather, they are concerned that the government not be able to put people's homes under 24/7 video surveillance without even probable cause (which is all that is needed for a warrant).
Then, maybe the correct course of action for the EFF would be to work on improving the warrant system, rather than working on keeping alleged drug-dealing, unlicensed gun owners, illegal immigrants out of legal trouble?
> Then, maybe the correct course of action for the EFF would be to work on improving the warrant system, rather than working on keeping alleged drug-dealing, unlicensed gun owners, illegal immigrants out of legal trouble?
That's what they are doing, this is how jurisprudence works.
Hadn't they challenged the warantless spying, it would have made a precedent in court. The police could have relied on the acceptance of the evidence in this case to do it again, anywhere in the US.
How would they "improve" the warrant system? The police went around the warrant to illegally spy on someone. The point of a warrant is to stop illegal spying, and make sure only people who deserve being spied upon are spied upon.
If the police was sure he deserved it and had the evidence to prove it, they should've just gotten the warrant. If they weren't, then they were just fishing and waiting for someone co commit a crime. And that's not just immoral, but against the Constitution.
Is anything wrong with the warrant system? The fact that police are often trying to avoid/circumvent it is not evidence that it isn't working as designed, just that it isn't working as they would like (which is to be expected).
Then, maybe the correct course of action for the EFF would be to work on improving the warrant system
What good does a warrant system do if the government doesn't follow the law? Trials like this are how courts get the executive arms of the government to follow the law. You'll notice that the presiding judge actively solicited a brief from the EFF.
