Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Napolitano: No Warrant? No Problem … We Can Spy On You Anyway, Feds Shamelessly Reveal
The Free Press-Tampa ^ | 06/25/2023 | Judge Andrew Napolitano

Posted on 06/25/2023 11:56:07 AM PDT by Conservativetpa

In 1928, the late Supreme Court Justice Louis D. Brandeis characterized the values underlying the Fourth Amendment to the U.S. Constitution as embracing the uniquely American right, and the right most valued by civilized persons, which he called the right to be let alone.

Today we call it the right to privacy. He also warned that the greatest dangers...

(Excerpt) Read more at tampafp.com ...


TOPICS: Politics
KEYWORDS: datamining; doj; napolitano; osint; privacy; spying
Navigation: use the links below to view more comments.
first 1-2021 next last

1 posted on 06/25/2023 11:56:07 AM PDT by Conservativetpa
[ Post Reply | Private Reply | View Replies]

To: Conservativetpa

Crummy article with very little detail written by a guy who is not a judge.


2 posted on 06/25/2023 12:06:33 PM PDT by isthisnickcool (1218 - NEVER FORGET!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Conservativetpa
Yet, that's what the feds are effectively using when they spend tax dollars to purchase what the law prohibits them from acquiring.

They are indiscriminately seizing private data, without warrants, without probable cause, without identifying the data to be seized, without naming the persons they target and without even any articulable suspicion -- the lowest bar needed in order to commence an investigation.

I have no interest in defending law enforcement or any government agency here ... but the author is flat-out misrepresenting one important point, and overlooks another one.

1. If the U.S. government is purchasing data from a commercial source that sells it to anyone, then it isn't seizing anything. It's gaining access to something that is already outside the personal control of its original sources.

2. There's a simple reason why the data purchased by the government can be acquired without a warrant: It no longer belongs to the person or people where it originated, so it isn't covered under the Fourth Amendment as "persons, houses, papers and effects.

3 posted on 06/25/2023 12:12:08 PM PDT by Alberta's Child ("I've just pissed in my pants and nobody can do anything about it." -- Major Fambrough)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Conservativetpa

Oh...I thought Big Sis was back.


4 posted on 06/25/2023 12:24:54 PM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Conservativetpa
There are no limits to tyranny...
There is no end in sight!
5 posted on 06/25/2023 12:46:16 PM PDT by SuperLuminal (Where is the next Sam Adams when we so desperately need him)
[ Post Reply | Private Reply | To 1 | View Replies]

To: isthisnickcool

Surprise! Criminal government at it again.


6 posted on 06/25/2023 12:49:00 PM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SuperLuminal

the pantheon

of lib stalinists gods

just chicken fights

for sport

the good people

of this country

isn’t that criminal


7 posted on 06/25/2023 12:52:25 PM PDT by Firehath
[ Post Reply | Private Reply | To 5 | View Replies]

To: Alberta's Child

You are arguing about the method by which government obtains information about its citizens, without any concern for the reason or purpose of this gathering. What is the meaning of a person being “secure in his person, papers, and effects” unless a warrant is issued?


8 posted on 06/25/2023 1:41:24 PM PDT by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
[ Post Reply | Private Reply | To 3 | View Replies]

To: coloradan
I’m not arguing about the method the government uses to collect the information, but the ownership of the data. Look at your cell phone contract and see what it says about the location data from the phone. The phone company owns the data, not you.

The Fourth Amendment doesn’t apply unless it’s YOUR papers, records, etc.

9 posted on 06/25/2023 1:59:52 PM PDT by Alberta's Child ("I've just pissed in my pants and nobody can do anything about it." -- Major Fambrough)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Alberta's Child

Then citizens should take it out on their cell phone company for selling them out.


10 posted on 06/25/2023 2:04:27 PM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Alberta's Child

That’s all true of course. But it doesn’t change the underlying fact. Washington DC is the most pervasive and intrusive domestic spying operation the world has ever seen. It’s immoral, and beyond the scope of what they have moral right to do. There’s no justification, or rationalization for them to amass such huge quantities of data about individuals in America. All it does is give them leverage against people, and give them father for blackmail and control. It may be legal, but it’s not legitimate. Not the DC cares anymore about morality, decency, or legitimacy. Bottom line, it’s not the behavior of a government that sees itself as wielding power gifted to them by the people. It’s the action of a government that has a people that they rule.


11 posted on 06/25/2023 2:06:35 PM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Alberta's Child

100% correct and some data the government keeps on everyone is in a fashion owned by all of us. IE: Court records, voter records, real property records, government worker communications, arrest records, calls for service records, etc.

Some states like Texas and Florida have Open Record Acts that mandate access to information maintained by the government. In Florida there was a recent exception added for records related to DeSantis regarding his travel records. The legislation, of course, was pushed by DeSantis who is running for president while at the same time collecting a paycheck from Florida.

When Bill & Hillary left Arkansas years ago before they did they essentially demolished access to countless government records in Arkansas.

Hmmm.....


12 posted on 06/25/2023 2:18:01 PM PDT by isthisnickcool (1218 - NEVER FORGET!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Alberta's Child

Good points—the cabal has gotten very clever using private firms to do their dirty work for them.

When government merges with corporations to crush the people there is a word for it....

Fascism.


13 posted on 06/25/2023 2:23:10 PM PDT by cgbg (Claiming that laws and regs that limit “hate speech” stop freedom of speech is “hate speech”.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: isthisnickcool

Napolitano served as a New Jersey Superior Court judge from 1987 to 1995: https://en.m.wikipedia.org/wiki/Andrew_Napolitano

He actually explains the reason why the 4th amendment is in place, he explains how it was historically perceived, and he explains how the Intel Community flagrantly circumnavigates the law.

What is crummy is just a personal attack.


14 posted on 06/25/2023 2:57:29 PM PDT by Red6
[ Post Reply | Private Reply | To 2 | View Replies]

To: cgbg

And off shoring. Just like private business, our IC takes certain activities outside the country in order to avoid US laws / rights.

That can include data mining which would be possible because of the source of the information, i.e. in Israel, enhanced interrogations, detaining folk indefinitely and I’m not referring to GITMO where we let most the @ssholes go and sadly many of them were bad guy and should have stayed there forever.

Politics makes for weird decisions.


15 posted on 06/25/2023 3:06:34 PM PDT by Red6
[ Post Reply | Private Reply | To 13 | View Replies]

To: Conservativetpa

Abolish the NSA,!


16 posted on 06/25/2023 4:05:02 PM PDT by cowboyusa (YESHUA IS KING OF AMERICA! AMERICA FIRST! DEATH TO MARXISM AND GLOBALISM!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber
Or just don’t do business with a cell phone service provider that sells your data.

Probably easier said than done. I’m sure they all do it.

17 posted on 06/25/2023 4:09:57 PM PDT by Alberta's Child ("I've just pissed in my pants and nobody can do anything about it." -- Major Fambrough)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Red6
I would point out that the 2018 Supreme Court case referenced in this article was Carpenter v. United States. The Court decided in favor of the defendant who claimed that the use of third-party cell phone data by the government was a violation of his Fourth Amendment rights.

Chief Justice Roberts joined with the four liberals on the Court in the 5-4 majority.

Kennedy, Thomas, Alito and Gorsuch were the four dissenting judges.

18 posted on 06/25/2023 4:15:11 PM PDT by Alberta's Child ("I've just pissed in my pants and nobody can do anything about it." -- Major Fambrough)
[ Post Reply | Private Reply | To 14 | View Replies]

To: Conservativetpa

.


19 posted on 06/25/2023 11:50:02 PM PDT by sauropod (“If they don’t believe our lies, well, that’s just conspiracy theorist stuff, there.”)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Red6

Gee, he was a “judge” 30 years ago? Was he a paperboy prior to that? If yes can we refer to him as “Paperboy Napolitano”?

The usage of a prior job or position to refer to someone in the media is a media construct to give heft to someone the media is using for content. I’ve heard this “judge” spew this or that on TV for years and his “content” is usually just no better than using a regular google search. This “judge” is a puffer fish.


20 posted on 06/26/2023 5:58:50 AM PDT by isthisnickcool (1218 - NEVER FORGET!)
[ Post Reply | Private Reply | To 14 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson