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A federal appeals court ruled Wednesday that law enforcement can legally scan or swipe a seized credit card—in fact, it is not a Fourth Amendment search at all, so it doesn’t require a warrant.
In the 8th Circuit Court of Appeals’ 15-page opinion, swiping a card does not constitute a physical search, as the magnetic stripe simply contains the same information obviously visible on the front of the card. Plus, the defendant, Eric-Arnaud Benjamin Briere De L'Isle, couldn’t have had a reasonable privacy interest in the card, the court concluded, because he would have tried to use it when he tried to buy something, thereby giving up privacy interests to a third party (the issuing bank).
According to court records in United States v. De L’Isle, the case began in June 2014 when Eric-Arnaud Benjamin Briere De L'Isle was driving westbound on I-80 and was pulled over by a Seward County, Nebraska, sheriff’s deputy.
The deputy, Sgt. Michael Vance, pulled over De L’Isle (also known as “Briere”) for following too close to a tractor-trailer. As Sgt. Vance approached the car, he noticed the distinct “odor of burnt marijuana” coming from within the car, and he observed three air fresheners hanging from the rear-view mirror. After questioning De L’Isle, Sgt. Vance suspected that the driver might have drugs, so he deployed his drug-sniffing dog.
While no drugs were located, the law enforcement agent found and seized:
…51 credit, gift, and debit cards in a duffel bag located in the vehicle’s trunk. Ten of the cards were American Express credit cards, all bearing Briere’s name, with different account numbers embossed on the fronts of the cards. A number of the debit and gift cards also had account numbers embossed on them, but none bore Briere’s name. Some of the cards were in wrapping utilized by the issuing company to display the cards in retail stores.
Later, upon further investigation by the Secret Service and the Department of Homeland Security, “The agents discovered the magnetic strips on the back of the 10 American Express credit cards in Briere’s name contained no account holder identification or account information which exists on legitimate American Express cards when they are issued.”
(Score: 0) by Anonymous Coward on Wednesday June 15 2016, @10:01PM
I've used loyalty cards before but only when cash is tight and I'm getting a discount.
Of course... cash just keeps getting tighter and tighter for most of us.
(Score: 0) by Anonymous Coward on Wednesday June 15 2016, @10:07PM
Of course... cash just keeps getting tighter and tighter for most of us.
Won't you poor people kindly die so we the idle rich don't have to look at you or hear about you or be offended by your existence. Thanks for leaving your money behind when you go. Can't take it with you. Your money will go right back in the bank where it belongs, instead of in your dirty unwashed pocket.
(Score: 2) by Dunbal on Thursday June 16 2016, @12:21AM
Spoken like a true nouveau riche. If you were really part of the upper crust you'd know damned well to take care of the poor people because they do all the work you can't or don't want to do. They are also the ones who will cut your throat when they are starving.
(Score: 3, Interesting) by hemocyanin on Thursday June 16 2016, @12:15AM
If something is a really good deal, I'll use one of those Single Use loyalty cards. You know, sign up with fake data -- obviously fake (lastname: Marlboro; firstname: Snickers; etc. etc.), pay cash, leave the card at the counter. It's always amusing when they ask "don't you want your card" to see the puzzled look on their face when I say "no".
If enough people did this, the expense in printing and wages would be exceed the value of the tracking.
(Score: 2) by deimtee on Thursday June 16 2016, @01:13PM
I have come across cashiers who ask "do you have a flybys card?" You say no, they see you are going to pay with cash, they then say "would you mind if I swipe mine?".
I almost always say "sure go, ahead". It doesn't cost me anything, the poor underpaid bugger at the counter gets a few points towards his/her christmas presents, and the integrity of the whole tracking system takes another hit. Win-Win-Win.
No problem is insoluble, but at Ksp = 2.943×10−25 Mercury Sulphide comes close.
(Score: 0) by Anonymous Coward on Thursday June 16 2016, @01:44PM
Most of those cards work just fine without any actual name/address, just make sure you only use them with cash.