EPISODE · Mar 29, 2026 · 49 MIN
United States v. Porter: Machineguns and Privacy Expectations
from Swear on the Stand · host Daniel W. Swear
This episode details a Fifth Circuit Court of Appeals decision affirming the conviction of Elijah Porter for possessing a machinegun. The court rejected Porter’s Fourth Amendment challenges, ruling that the use of automated license plate readers to locate his vehicle did not require a warrant because motorists have no expectation of privacy on public roads. Additionally, the judges upheld the legality of the traffic stop and subsequent vehicle search, noting that the incriminating firearm was found in plain view. Finally, the court dismissed Porter’s Second Amendment claims by citing established precedent that distinguishes dangerous, unusual weapons from protected firearms. Through this ruling, the court reinforced the constitutionality of federal statutes prohibiting the possession of automatic conversion switches.
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United States v. Porter: Machineguns and Privacy Expectations
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