Joe Cadillic writes:
Thanks to DHS’s own research & development department if you’re arrested, cops can now read your bank balance!
Did you catch that? Police will even know the balance of your commuter train/bus cards, all without a WARRANT!
DHS and Technology Directorate’s Electronic Recovery and Access to Data (ERAD) Prepaid Card Reader is now being used to read EVERY magnetic-striped card.
“The ERAD Prepaid Card Reader is a small, handheld device that uses wireless connectivity to allow law enforcement officers in the field to check the balance of cards. This allows for identification of suspicious prepaid cards and the ability to put a temporary hold on the linked funds until a full investigation can be completed.”
Read more on MassPrivateI.
How is this not a warrantless search and seizure?
Update: Orin Kerr blogged about his issue in July, here. He disagreed with a court opinion that held that it was not a 4-A search.