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What Roman Mars Can Learn About Con Law

The Capitol Mob and their cell phones

What Roman Mars Can Learn About Con Law

Roman Mars

Government

4.84.1K Ratings

🗓️ 27 March 2021

⏱️ 27 minutes

🧾️ Download transcript

Summary

On January 6th, a mob stormed the US Capitol to try to stop the certification of the presidential election results. Many of the insurrectionists will be tracked down and charged with crimes, in part, because their cell phone placed them in the Capitol Building during the attack. The case of Carpenter v. United States is the closest the Supreme Court has come to weighing in on the matter of historical cell phone data, but the decision didn’t not offer an opinion on law enforcement’s use of a location specific cell phone tower data dump without an individual suspect in mind. This brings up questions about the way warrants usually work under the Fourth Amendment.

Transcript

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0:00.0

Okay, so it is March 2021. What are we talking about this time?

0:04.0

The violent attack on the Capitol happened more than two months ago,

0:08.0

and if you remember, Trump's followers took their stop the steel advice literally and hundreds of people violently

0:16.2

breached the barricades of the capital they fought with the police and

0:19.8

the mob stopped the counting of the Electoral College ballots for several hours because members of the House and Senate had to evacuate their chambers.

0:29.0

Five people died and more than a hundred people were injured and that includes an officer who lost

0:35.2

an eye, concussions and cracked ribs and so it's really hard to understate how incredibly

0:41.6

violent things became.

0:43.3

Now, we know something like 800 people were part of that January 6th attack on the United States

0:50.1

capital.

0:51.5

But fewer than 40 people were arrested on that day though.

0:55.0

So in other words, nearly everyone who stormed the capital was allowed to leave.

1:01.0

And we know that dozens of people tried to hide their

1:04.6

participation in the riot later, either by deleting their social media

1:09.2

accounts or trying to smash or in one case even microwave their cell phones.

1:15.3

And so far more than 300 people have been charged in federal court for crimes

1:20.3

related to the capital riot.

1:24.0

Now there are some people who have been charged with some very very serious acts like assaulting police officers. But if you

1:29.5

look through the dozens of criminal complaints that have been made public, many of those who have participated

1:35.8

in the Capitol Riot had lesser rules. Don't get me wrong, everyone there wanted to stop a constitutionally

1:42.1

mandated process. What I mean is that many, many of these

1:46.0

defendants have been charged with less serious offenses like entering a restricted building or

...

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