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Keyword: 4thamendment

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  • NYPD cops forbidden from breaking up noisy parties

    05/10/2017 3:16:25 PM PDT · by ColdOne · 30 replies
    nypost.com ^ | 5/10/17 | Shawn Cohen and Larry Celona
    A new NYPD directive forbids cops from entering a residence in response to a noise complaint — unless they’re given permission. The directive, a copy of which has been obtained by The Post, means loud partiers can simply tell the cops who come to their door to just go away. The bizarre constraint is the result of costly, successful lawsuits against the city by homeowners who complained that cops barged onto their properties without a warrant, multiple sources told The Post.
  • Attkisson v. Eric Holder, Department of Justice, et al

    04/14/2017 12:00:11 PM PDT · by confederatecarpetbag · 18 replies
    SharylAttkisson.com ^ | April 2, 2017 | Sharyl Attkisson
    Many of you have asked for the status of my computer intrusion lawsuit against the federal government. On March 19, 2017, a federal judge denied the government’s motion to dismiss my computer intrusion lawsuit, and transferred the case from Washington D.C. to the Eastern District of Virginia. Below are excerpts from the judge’s opinion, which provides a good summary.
  • Judge: It's Unconstitutional, but Lawful for President to Order Wiretap without Warrant

    03/08/2017 9:00:42 AM PST · by ReformedMedia · 63 replies
    The Washington Standard ^ | 03-08-2017 | Tim Brown
    I'm not really surprised by what was said by Judge Andrew Napolitano on Fox and Friends on Tuesday.  He claims that a president can order a wiretap, like the one Barack Hussein Obama Soetoro Sobarkah is being accused of doing to Donald Trump and his advisers prior to the election in 2016.  He claims it is unconstitutional, but lawful because Congress said it was. In commenting on the allegations against Obama by Trump, Judge Napolitano said, "The president of the United States on his own may conduct surveillance or order surveillance of any person in the United States upon the...
  • Loretta Lynch’s Final Order Allows The NSA To Give Spying Data To Other Federal Agencies

    02/06/2017 7:05:52 AM PST · by gaggs · 28 replies
    Just days before leaving office Loretta Lynch secretly signed an order to allow any branch of government, including local law enforcement, access to the NSA’s data mine on the American people. She created a mechanism by which the Fourth Amendment can be circumvented by law enforcement agencies of any type and description, foreign and domestic, in the area of digital information.
  • California Supreme Court limits police searches

    12/06/2016 11:56:55 AM PST · by MeganC · 35 replies
    89.3 KPCC ^ | 12/6/2016 | Staff Writier
    Police officers may only conduct a search following a traffic stop if they believe there is probable cause a crime was committed, the Supreme Court ruled unanimously Monday in a child pornography case involving a bicyclist pulled over for rolling through a stop sign. Torrance police stopped bicyclist Paul Macabeo in 2012 after following him a short distance with their patrol car's headlights off. They acknowledged he was not riding erratically and did not try to flee. Macabeo was arrested after the officers searched his phone and said they found photos of underage girls. The state's highest court said that...
  • Comey: FBI wants 'adult conversation' on device encryption

    08/30/2016 7:44:57 AM PDT · by Olog-hai · 95 replies
    Associated Press ^ | Aug 30, 2016 10:24 AM EDT
    FBI Director James Comey is again warning about the bureau’s inability to access digital devices because of encryption. In a speech Tuesday, Comey said default encryption built into smartphones is “making more and more of the room that we are charged to investigate dark.” He said the FBI is working to collect information on the issue so that “next year we can have an adult conversation in this country.” …
  • Unreasonable Searches Are Unconstitutional -- and Common

    08/14/2016 10:11:25 AM PDT · by Kaslin · 37 replies
    Townhall.com ^ | August 14, 2016 | Steve Chapman
    If there is anything on which Americans across the political spectrum agree, it is the inviolability of the Constitution. It is our national scripture, invoked by all and rejected by none. Conservatives attending the first tea party rallies in 2009 often waved copies of the document. The most memorable moment of the recent Democratic National Convention was when the father of a Muslim U.S. Army captain killed in Iraq demanded of Donald Trump, "Have you even read the United States Constitution?" But one portion of our national charter has eroded to the point of invisibility: the Fourth Amendment. It says,...
  • After Orlando, Senate bill seeks to allow FBI web searches without court order

    06/22/2016 6:05:47 PM PDT · by Whenifhow · 39 replies
    washingtonpost. ^ | June 22 2016 | Karoun Demirjian
    The Senate on Wednesday rejected a Republican-led effort to allow the FBI to access a person’s Internet browsing history, email account data and other electronic communications without a court order in terrorism and spy cases. The measure from Senate Armed Services Committee Chairman John McCain (R-Ariz.) and Senate Intelligence Committee Chairman Richard Burr (R-N.C.) would have also extended the government’s authority to conduct surveillance over potential “lone wolf” attackers. [ ] A majority of the Senate backed the proposal in a 58 to 38 vote, but it needed 60 votes to advance. [ ] The measure inspired a fierce backlash...
  • They’re Coming For Your Home

    05/23/2016 5:03:44 AM PDT · by Kaslin · 75 replies
    Townhall.com ^ | May 23, 2016 | Katie Kieffer
    They’re coming for your home. Right now. I suggest you save it. I can guide you, but you must do exactly as I say. Except, this isn’t The Matrix. You’re no actor, like Keanu Reeves, playing a distraught programmer-hacker named “Neo.” Nor am I an actor, like Laurence Fishburne, playing your guide “Morpheus.” This is real life, baby. Your home or apartment—and the neighborhood in which you live—is under siege. “Agents”—sans black glasses and black business suits—who work for the U.S. Department of Housing and Urban Development (HUD) have written a new regulation called “Affirmatively Furthering Fair Housing” (AFFH) that...
  • Obama calls on Sen. Paul to drop objections to tax treaties

    05/06/2016 7:52:50 PM PDT · by Olog-hai · 22 replies
    Associated Press ^ | May 6, 2016 8:18 PM EDT | Darlene Superville
    President Barack Obama on Friday called on Sen. Rand Paul to drop his “quirky” objections to pending international tax treaties so they can move forward in Congress. Obama said the treaties will help U.S. authorities investigate and crack down on offshore tax evasion. Paul has argued that they would infringe on Americans’ constitutional right to privacy because their tax data and personal financial information would be shared with other countries. Treaties cannot go into force unless ratified by the Senate, and the objection of any one senator halts action on legislative business pending in that house of Congress, as Paul...
  • A New York judge just ruled that the FBI can't force Apple to unlock iPhones

    02/29/2016 3:48:54 PM PST · by Drago · 97 replies
    Business Insider ^ | 02/29/2016 | Kif Leswing
    A federal judge in Brooklyn has ruled that the government can't force Apple to help break an iPhone's passcode security. No, it's not the San Bernardino shooting case, a similar situation where the FBI is seeking to compel Apple to provide custom software to help it access data on a criminal's iPhone...
  • Trump asks voters to boycott Apple: 'I think that's a great idea'

    02/19/2016 12:56:20 PM PST · by big'ol_freeper · 238 replies
    Washington Examiner ^ | 19 Feb 16 | GABBY MORRONGIELLO
    Donald Trump on Friday urged a roomful of voters to boycott the tech giant Apple so long as its chief executive, Tim Cook, refuses to comply with a court order to assist the FBI with hacking into the cell phone of San Bernardino shooter Syed Farook. "First of all Apple better give the security for that phone," the Republican presidential hopeful said during a campaign rally in Pawleys Island, S.C. "What I think you ought to do is boycott Apple until such time they give that security number. How do you like that?" "I just thought of it," Trump noted,...
  • Apple Unlocked iPhones for the Feds 70 Times Before

    A 2015 court case shows that the tech giant has been willing to play ball with the government before—and is only stopping now because it might ‘tarnish the Apple brand.’ Apple CEO Tim Cook declared on Wednesday that his company wouldn’t comply with a government search warrant to unlock an iPhone used by one of the San Bernardino killers, a significant escalation in a long-running debate between technology companies and the government over access to people’s electronically-stored private information. But in a similar case in New York last year, Apple acknowledged that it could extract such data if it wanted...
  • [Vanity] Apple vs FBi

    02/17/2016 6:13:36 PM PST · by AlienCrossfirePlayer · 165 replies
    self | 2016-02-17 | Self
    An Open Memo To Lou Dobbs As CEO, Tim Cooks obligation is to execute the corporate mission. Briefly stated, a corporation must deliver product to customers and return on investment to shareholders. It is not his job to make the nation secure from geo-political terrorism. Your suggestion that Mr. Cook will be culpable when another attack occurs was a stinking cheap shot. Obama has the job of making us secure and is failing us. Today on the sister network Fox News Channel, Obama was heard calling for improved cyber security. Do you see an irony? By resisting encroachment by the...
  • Apple CEO Cook condemns iPhone 'backdoor' order; calls it 'chilling,' 'dangerous'

    02/17/2016 4:20:38 AM PST · by John W · 282 replies
    upi.com ^ | February 17, 2016 | Shawn Price and Andrew V. Pestano
    LOS ANGELES Feb. 17 (UPI) -- Apple CEO Tim Cook on Wednesday said a court order demanding the company create a "backdoor" into the cellphone data of the San Bernardino, Calif., attackers was "chilling" and "dangerous." In a letter to customers, Cook expressed his opposition to the court order. "The United States government has demanded that Apple take an unprecedented step which threatens the security of our customers. We oppose this order, which has implications far beyond the legal case at hand," Cook wrote. "Compromising the security of our personal information can ultimately put our personal safety at risk. That...
  • Apple Turns Down FBI Demand For Encryption Key Made Under 1789 Law, Defends 4th Amendment

    02/17/2016 8:40:52 AM PST · by redreno · 80 replies
    https://photographyisnotacrime.com ^ | 02/17/2016 | Grant Stern
    Tim Cook, CEO of Apple, Inc. turned down the FBI’s demand using a 1789 federal ordinance to build a “backdoor” into iPhones allowing law enforcement to defeat encryption as he explained in a “Customer Letter” this morning posted to the company’s website. Apple’s letter kicks off the highest profile defense of the U.S. Constitution’s Fourth Amendment we are likely to see in our lifetimes
  • Ted Cruz's Closest Counselors Are Neocons

    01/31/2016 5:26:31 PM PST · by VitacoreVision · 84 replies
    The New American ^ | 15 October 2015 | Joe Wolverton, II, J.D.
    There's a lot about Ted Cruz that should worry constitutionalists considering voting for the senator in the presidential election of 2016.Recently, Infogram published brief but illuminating biographies of several of Cruz's key foreign policy advisors. The information disclosed in these revelations could trouble many constitutionalists otherwise keen on the senator and who rely on him to restore the rule of law to the White House.The first person highlighted in the article is the chairman of Cruz's foreign policy team, Chad Sweet.Sweet's professional and political background betrays Cruz's claims of being someone who promises "not to continue going in the same...
  • AP-NORC Poll: Online surveillance is OK for most (barf alert)

    12/31/2015 12:51:58 AM PST · by Olog-hai · 4 replies
    Associated Press ^ | Dec 31, 2015 3:37 AM EST | Emily Swanson
    A majority of Americans say they support warrantless government surveillance of the Internet communications of U.S. citizens, according to a new poll by The Associated Press and the NORC Center for Public Affairs Research. It's at least somewhat important for the government to sacrifice freedoms to ensure safety, most say in the survey. ...
  • Federal judge: Drinking tea, shopping at a gardening store is probable cause

    12/29/2015 6:06:30 PM PST · by Twotone · 102 replies
    Washington Post ^ | December 28, 2015 | Radley Balko
    In April 2012, a Kansas SWAT team raided the home of Robert and Addie Harte, their 7-year-old daughter and their 13-year-old son. The couple, both former CIA analysts, awoke to pounding at the door. When Robert Harte answered, SWAT agents flooded the home. He was told to lie on the floor. When Addie Harte came out to see what was going on, she saw her husband on his stomach as SWAT cop stood over him with a gun.
  • TSA Chief: 'We're on the Cusp of a Very Different Looking Checkpoint Experience'

    11/05/2015 8:52:21 PM PST · by Tolerance Sucks Rocks · 29 replies
    CNSNews.com ^ | November 4, 2015 | Susan Jones
    (CNSNews.com) - Coming soon, a new checkpoint experience for airline passengers. Testifying before a House Oversight subcommittee on Tuesday, Peter Neffenger, the new head of the Transportation Security Agency, said he envisions "a day where the checkpoint looks very different from what it does today. With the exception of the full-body scanners, "We're still largely dealing with ...the same kind of checkpoint we've had for the past decade or more. And I think we're on the cusp of a very different looking checkpoint experience in the next five years."