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Keyword: 4thamendment

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  • Willowick SWAT team called to home [for his own good]

    05/31/2011 2:43:52 PM PDT · by smokingfrog · 45 replies · 1+ views
    News-Hearald ^ | 31 May 2011 | Tracey Read
    Willowick police responded this morning to a SWAT situation at a home in the 200 block of East 330th Street. A woman called officers at 2:20 a.m. saying she had a disagreement with her boyfriend, who had walked to his home nearby. “He kind of indicated to her that he was going to kill himself with a gun,” Willowick Police Chief Michael Lazor said. “He had a CCW permit and his girlfriend thought he had assault weapons. There was concern he might be suicidal.” Around 4:15 a.m., Emergency Response Team negotiators were called out to the scene. Police repeatedly attempted...
  • Justices asked to review ruling; Attorney general opposes decision on police searches

    05/21/2011 5:40:57 AM PDT · by John W · 32 replies · 1+ views
    Fort Wayne Journal Gazette ^ | May 21, 2011 | Niki Kelly
    INDIANAPOLIS – Indiana Attorney General Greg Zoeller on Friday joined the chorus of Hoosiers protesting a controversial Fourth Amendment ruling recently decided by the Indiana Supreme Court. Zoeller released a statement saying he will support a rehearing of the case due to concerns that the court ruled too broadly when it found citizens have no right under common law to reasonably resist police who unlawfully enter their homes. The Barnes v. State ruling came last week and was the first major opinion penned by Justice Steven David – Gov. Mitch Daniels’ appointment. “We believe however that a right to resist...
  • Court Rules Law Abiding May NOT Resist Police Who ILLEGALLY ENTER THEIR HOMES!

    05/19/2011 12:23:21 PM PDT · by jmaroneps37 · 22 replies
    coachisright.com ^ | May 19, 2011 | Doug Book , staff writer
    It seems that law abiding homeowners no longer enjoy 4th Amendment rights in the State of Indiana. Thanks to the May 12th decision of three robed assassins of liberty on the state Supreme Court, 800 years of common law dating back to the Magna Carta have been discarded. Speaking for this majority of judicial prostitutes, "Justice" Steven David 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." Of course the now defunct 4th Amendment says otherwise: "The right of the people...
  • School Wants To Allow Bus Drivers To Search Students (Indiana, again)

    05/19/2011 6:43:52 AM PDT · by Abathar · 20 replies
    AP/theindychannel.com ^ | May 19, 2011 | uncredited
    TERRE HAUTE, Ind. -- A western Indiana school district wants to give its bus drivers the authority to search students for weapons or drugs. The Tribune-Star reported that a Vigo County School Corp. proposal would allow the drivers to search a student and the student's belongings if there is an immediate threat of harm or danger to those on the bus.
  • Trying to be Optimistic Post King Vs Kentucky Reasons to be optimistic

    05/17/2011 6:38:53 AM PDT · by Gus221 · 15 replies
    Los Angeles Times ^ | 05-17-2011 | David G. Savage, Washington Bureau
    Reporting from Washington— The Supreme Court gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence otherwise might be destroyed. Ruling in a Kentucky case Monday, the justices said that officers who smell marijuana and loudly knock on the door may break in if they hear sounds that suggest the residents are scurrying to hide the drugs. Residents who "attempt to destroy evidence have only themselves to blame" when police burst in, said Justice Samuel A. Alito Jr. for an 8-1 majority. http://www.latimes.com/news/nationworld/nation/la-na-court-search-20110517,0,6746878.story
  • High court sides with police in warrantless search case from Kentucky

    05/16/2011 10:01:20 PM PDT · by Fitzy_888 · 36 replies
    AP ^ | May 16, 2011 | AP
    WASHINGTON — The Supreme Court on Monday ruled against a Kentucky man who was arrested after police burst into his apartment without a search warrant because they smelled marijuana and feared he was trying to get rid of incriminating evidence. Voting 8-1, the justices reversed a Kentucky Supreme Court ruling that threw out the evidence gathered when officers entered Hollis King's apartment. The court said there was no violation of King's constitutional rights because the police acted reasonably. Only Justice Ruth Bader Ginsburg dissented. Officers knocked on King's door in Lexington and thought they heard noises that indicated whoever was...
  • 4th Amendment Dead, SCOTUS dancing on grave

    05/16/2011 11:44:39 AM PDT · by jonascord · 154 replies
    US Supreme Court, Kentucky vs King ^ | May 16, 2011 | SCOTUS
    The Fourth Amendment expressly imposes two requirements:All searches and seizures must be reasonable; and a warrant may notbe issued unless probable cause is properly established and the scope of the authorized search is set out with particularity. Although“ ‘searches and seizures inside a home without a warrant are pre-sumptively unreasonable,’ ” Brigham City v. Stuart, 547 U. S. 398, 403, this presumption may be overcome when “ ‘the exigencies of the situation’ make the needs of law enforcement so compelling that [a]warrantless search is objectively reasonable under the Fourth Amendment,”
  • 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 3–2. 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 didn’t calm down, and the defendant threatened to have the officer arrested if he arrested him. At this point the defendant’s wife came outside, threw a duffel bag in the defendant’s 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
    KirksvilleDailyEspress.com ^ | 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...