someone just sent me an IM

[PosterChild]

28. Absolutely not,..

... the justice department just recently established and policy against using these devices without a warrant , but that's a policy decision not a court order.

State and local governments are free to employ the device without a warrant. There is nothing criminal about it.

The dispute concerns failure to inform the defense that the device was used, not the use of it. I'm not sure what bearing that has on the actual guilt or innocence of the accused. In any case, it wasn't criminal behavior on the part of the procecutors or the police.

The bottom line is that use of the device without a warrant is permissible and the defense, apparantly , should be informed. Or, depending on the final ruling, maybe not.