.@Susan_Hennessey I wrote about why T3 is starkly different. Ex) There are probable cause of crime & particularity requirements, real-time minimization, & individualized judicial oversight. You should know about that. I wrote about it for @just_security. https://www.justsecurity.org/39226/incidental-collection-extremely-troubling-legality/ …https://twitter.com/Susan_Hennessey/status/953355714159874048 …
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But that's probable cause of a crime of the person not being incidentally collected. The person being incidentally collected has no warrant against them and has committed no crime.
Umm. Crime. There. You've made the case why this is fundamentally different.
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Are you claiming that matters for a 4A analysis, or a statutory analysis, or just as a policy matter that it should make a difference?
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