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Keyword: 4thamendment

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  • Indiana Supreme Court rules Hoosiers have no right to resist unlawful entry of homes by police

    05/16/2011 8:46:27 AM PDT · by SeekAndFind · 82 replies · 1+ views
    Hotair ^ | 05/16/2011 | Bruce McQuain
    No, you read it right. That’s what the Indiana Supreme Court decided in what would be a laughable finding if it wasn’t so serious: Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes. The author of the story reporting this is right – somehow the ISC managed, in one fell swoop, to overturn almost 900 years of precedent, going back to the Magna Carta. In a 3-2 decision, Justice Steven David writing for the court said if...
  • No Right to Assault Police Officer Entering Home Even if Entrance is Unlawful: Indiana Supreme Court

    05/13/2011 3:52:05 PM PDT · by BCrago66 · 49 replies
    Volokh Conspiracy ^ | 5/13/11 | Orin Kerr
    The decision is Barnes v. State, and the Indiana Supreme Court divided 32. In this case, the officer had come to the home in response to a domestic violence call. He found the defendant, Barnes, outside. The officer and the defendant exchanged heated words, and the defendant started yelling at the officer. The officer threatened to arrest the defendant if he didnt calm down, and the defendant threatened to have the officer arrested if he arrested him. At this point the defendants wife came outside, threw a duffel bag in the defendants direction, and told him to take the rest...
  • Court: No right to resist illegal cop entry into home[Indiana]

    05/13/2011 6:35:22 AM PDT · by jaydubya2 · 201 replies
    nwitimes ^ | Thursday, May 12, 2011 | Dan Carden
    INDIANAPOLIS | Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes. In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer's entry. "We believe ... a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," David...
  • Michigan Police Could Search Cell Phones During Traffic Stops [what's a 'constitution'?]

    04/19/2011 4:43:57 PM PDT · by Clint Williams · 121 replies
    Slashdot ^ | 4/19/11 | timothy
    SonicSpike writes "The Michigan State Police have a high-tech mobile forensics device that can be used to extract information from cell phones belonging to motorists stopped for minor traffic violations. The American Civil Liberties Union (ACLU) of Michigan last Wednesday demanded that state officials stop stonewalling freedom of information requests for information on the program. A US Department of Justice test of the CelleBrite UFED used by Michigan police found the device could grab all of the photos and video off of an iPhone within one-and-a-half minutes. The device works with 3000 different phone models and can even defeat password...
  • Justice Department opposes digital privacy reforms (as does Sen Grassley)

    04/09/2011 6:23:31 AM PDT · by PghBaldy · 5 replies
    CNET ^ | April 6 | Declan McCullagh
    The U.S. Justice Department today offered what amounts to a frontal attack on proposals to amend federal law to better protect Americans' privacy. James Baker, the associate deputy attorney general, warned that rewriting a 1986 privacy law to grant cloud computing users more privacy protections and to require court approval before tracking Americans' cell phones would hinder police investigations. This appears the first time that the Justice Department has publicly responded to a set of digital privacy proposals unveiled last year by a coalition of businesses and advocacy groups including AT&T, Google, Microsoft, eBay, the American Civil Liberties Union, and...
  • Amtrak Passenger Upset By Early Morning Questioning (5 a.m., sleeping cars, warrantless search)

    03/09/2011 12:05:35 PM PST · by CedarDave · 65 replies · 1+ views
    WOWT-TV Omaha ^ | March 8, 2011 | Mike Mcknight
    A Chicago-bound businessman traveling in an Amtrak sleeping car didn't expect to wake up in Omaha. That's where plain clothes Nebraska State Patrol Investigators boarded and knocked on the doors of four first-class passengers. Greg Travis of Bloomington, Indiana said, "It was a loud knock followed by questions. 'Where are you going! Who did you visit!' They shined a flashlight and I was in my pajamas." Travis said he saw two other groggy passengers in his sleeping car also talking to the investigators. "If I had my wits about me, I might have said, 'No I don't want you looking...
  • Losing freedom little by little

    03/04/2011 6:04:25 PM PST · by Tolerance Sucks Rocks · 12 replies
    WorldNetDaily ^ | March 4, 2011 | Joseph Farah
    When the Transportation Security Agency began its intrusive new airport screening procedures last fall, I was sure Americans would rise up to the privacy violations and put an end to the program in short order. I predicted it would happen by Thanksgiving. Later I revised my prediction to Christmas. There was palpable anger expressed by Americans for two or three months. And then it subsided. One more nail in the coffin of American liberties. When was the last time you saw a news report about TSA abuses? It's yesterday's story. A new line in the sand has been drawn for...
  • Screening of Passengers at Savannah Amtrak Station (TSA search upon LEAVING train)

    02/28/2011 7:26:45 AM PST · by CedarDave · 13 replies
    The TSA Blog ^ | February 26, 2011 | Blogger Bob
    A video of Transportation Security Officers (TSOs) screening passengers at a Savannah, Georgia Amtrak station has been gaining quite a bit of attention and many are wondering why we were screening passengers who had just disembarked from a train. We were wondering the same thing. The screening shown in the video was done in conjunction with a VIPR operation. During VIPR operations, any person entering the impacted area has to be screened. In this case, the Amtrak station was the subject of the VIPR operation so people entering the station were being screened for items on the Amtrak prohibited items...
  • Report armed man leads to lockdown at WalMart (see something suspicious say something suspicious).

    01/28/2011 9:21:53 AM PST · by broken_arrow1 · 28 replies ^ | January 26, 2011 | Daily Express
    Kirksville, Mo. A report of an armed man acting erratically in the Wal-Mart parking lot Wednesday led to the store being temporarily locked down before Kirksville Police responded to and diffused the situation with no injuries. According to Kirksville Police Chief Jim Hughes, a passerby stopped a Kirksville Police officer and said they had seen an individual acting erratically in a truck in the Wal-Mart parking lot shortly before 2:30 p.m. The passerby believed the individual had a gun to his head. "We don't take these things lightly," Hughes said, "especially nowadays." KPD responded to control the scene and...
  • Feds come knocking for home inspections

    01/16/2011 7:20:35 PM PST · by Tolerance Sucks Rocks · 96 replies
    WorldNetDaily ^ | January 16, 2011 | Bob Unruh
    A sanitation district in Pennsylvania has notified homeowners that its representatives will be making personal visits to every structure served by its network of drainpipes because that's what the federal Environmental Protection Agency is demanding. The letter informs homeowners the inspections will probably take only about 15 minutes, but that all properties "will be considered a source of clear water discharges until an inspection can be conducted." The effort, according to officials at the Coplay Whitehall Sewer Authority, is to prevent water from sources such as sump pumps or downspouts from being channeled into a water treatment process. But homeowners...
  • TSA Status (Grassroots Web Site Provides Info on dozens of airports!)

    01/02/2011 6:45:03 PM PST · by Recovering_Democrat · 16 replies
    TSA ^ | various
    What's the status of the TSA's new body scanners? They're not at every airport and they're not always in use. If you want to avoid the backscatter-radiation security theater or simply don't want your junk touched, use this list, and let us know any updates or additions. If you have time to kill at an airport, feel free to wander around and check out different checkpoints, and make sure to catch the status on your way out, too.
  • Washington subway police to begin random bag checks

    12/16/2010 1:40:00 PM PST · by ConjunctionJunction · 40 replies · 1+ views
    Reuters ^ | December 16, 2010 | Jeremy Pelofsky
    Officers will start random bag inspections on the sprawling Washington subway system, the Washington Metro Transit Police said on Thursday, a week after a man was arrested for making bomb threats to the rail system. Metrorail police officers plan to randomly select bags before passengers enter subway stations and they will swab them or have an explosives-sniffing dog check the bags, according to the Metro police.
  • Great 4th Amendment News from the Electronic Frontier Foundation (No warrantless e-mail seizures)

    12/14/2010 2:57:51 PM PST · by Smogger · 9 replies
    Reason Online ^ | 12/14/2010 | Brian Doherty
    Your emails should be safe from warrantless search, says 6th Circuit Court of Appeals, again. From an Electronic Frontier Foundation (EFF) press release today: In a landmark decision issued today in the criminal appeal of U.S. v. Warshak, the Sixth Circuit Court of Appeals has ruled that the government must have a search warrant before it can secretly seize and search emails stored by email service providers.... EFF filed a similar amicus brief with the 6th Circuit in 2006 in a civil suit brought by criminal defendant Warshak against the government for its warrantless seizure of his emails. There, the...
  • New Clothing Line Reminds TSA of the 4th Amendment

    12/09/2010 9:51:01 AM PST · by Lucky9teen · 10 replies ^ | 12/7/10 | Marc Hartzman
    (Dec. 7) -- Not thrilled with the Transportation Security Administration's new touchy-feely pat down techniques and full-body scanners? Now there's a line of underclothes that offer a friendly reminder of the Fourth Amendment during controversial searches. It's called 4th Amendment Wear. Metallic ink printed on shirts spells out the privacy rights stated in the amendment and is designed to appear in TSA scanners. Creators Tim Geoghegan, 34, and Matthew Ryan, 28, both advertising professionals, designed the clothing as a conceptual art piece but ended up selling out of their limited stock shortly after launching their website last week. They initially...
  • Americans A-OK with TSA? Dont bet on it

    12/01/2010 7:18:53 AM PST · by KeyLargo · 12 replies
    Chicago Sun-Times ^ | December 1, 2010 | JACOB SULLUM
    Americans A-OK with TSA? Dont bet on it December 1, 2010 BY JACOB SULLUM According to the Transportation Security Administration, Americans have no problem with the new airport screening procedures. So they should stop complaining. That self-contradictory reassurance, which would be unnecessary if it were true, seemed slightly more plausible after chaos failed to ensue from protests by Thanksgiving travelers who refused to walk through the TSAs full-body scanners last week. But there are reasons to question the TSAs portrait of placid passengers happily baring all for the sake of homeland security. First of all, the TSAs numbers are...
  • TSA Security Gone Groping

    11/30/2010 6:57:11 PM PST · by Raquel · 2 replies
    Political Blog ^ | November 30, 2010 | Raquel Okyay
    Americans like to follow the rules, particularly when they are traveling. No one wants disruption at an airport, for instance, when passengers are in a rush to arrive at a desired location, and where long lines can cause the most patient of persons anxiety. Following the rules even though uncomfortable is a natural impulse. So we get in line, go through an x-ray, have our luggage checked, take off our shoes, smile, and move on. This is acceptable. In March of 2010, the Transportation Safety Administration (TSA), a security arm of the Whitehouse and Department of Homeland Security, began...
  • Question the TSA

    11/30/2010 5:53:27 AM PST · by hocndoc · 25 replies ^ | 11-29-10 | Beverly Nuckols
    Since when is accusing everyone of terrorism acceptable, much less equal to accusing no one? “It is acceptable and encouraged that a TSA government official can do something to an American citizen that US military personnel cannot do to a member of the Taliban.” Woman who accuses TSA I’m a 50-something, overweight Grandma who, last December, was subjected to a search at Chicago’s O'Hare airport after I went through the metal detector without setting it off. Apparently on the whim of a single Transportation Safety Agency agent who shouted, “Female, no alarm search!” I was pulled aside, wanded and patted...
  • My Personal Pat-Down Experience

    11/28/2010 8:15:40 PM PST · by EternalVigilance · 36 replies ^ | November 28, 2010 | Kristia Cavere
    The images on television of children, the elderly, and other individuals who pose zero threat to our aviation security experiencing pat-downs by TSA officials at airports is disturbing. This issue became personal to me as I was forced into a pat-down and threatened that I would never get through security until I complied, and I now believe that these demeaning acts are unconstitutional. At OHare airport, returning to the east coast after the Thanksgiving holiday, I purposefully stood in the long line for regular metal detectors rather than the much shorter line of those willing to go through the full-body...
  • Protest TSA Without Saying a Word - 4th Amendment Underwear

    I love free enterprise. [url][/url]
  • Beating the TSA: How a determined passenger spent hours arguing his rights before being waved thru

    11/23/2010 12:22:45 PM PST · by Tucson_AZ · 60 replies · 1+ views
    The Daily MailOnline ^ | 23rd November 2010 | James White
    It's the solution that millions of American airline passengers have been searching for - how to avoid bodyscanners and intrusive pat-downs when they fly. Now one patient traveller has proved it is possible to bypass the high-level security measures in place at all airports, but only if you have time on your hands. Blogger Matt Kernan recorded his epic experience as he returned to North Kentucky International Airport in Cincinnati from Paris on Sunday.