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Keyword: 4thamendment

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  • Florida Police Roll Out Video Survelliance Truck Called the Peace Maker

    01/29/2012 7:58:55 PM PST · by dixiedarlindownsouth · 33 replies · 1+ views
    Sun Sentinel ^ | 01/27/2012 | Ihosvani Rodriguez
    FORT LAUDERDALE— Tania Ouaknine is convinced the police are watching her. She's not paranoid — it says as much on the red sign painted along the side on the hulking armored truck that's been parked in front of her eight-room Parisian Motel for several days. "Warning: You are under video surveillance," reads the bold message on the side of the truck. From the front bumper of the menacing vehicle, another sign taunts: "Whatcha gonna do when we come for you?"
  • Justices Rein In Police on GPS Trackers (Supreme Court)

    01/24/2012 9:34:32 AM PST · by marktwain · 7 replies · 1+ views
    online.wsj.com ^ | 24 January, 2012 | JESS BRAVIN
    WASHINGTON—The Supreme Court ruled Monday that police violated the Constitution when they attached a Global Positioning System tracker to a suspect's vehicle without a valid search warrant, voting unanimously in one of the first major cases to test privacy rights in the digital era. The decision offered a glimpse of how the court may address the flood of privacy cases expected in coming years over issues such as cellphones, email and online documents. But the justices split 5-4 over the reasoning, suggesting that differences remain over how to apply age-old principles prohibiting "unreasonable searches." The minority pushed for a more...
  • Senator Rand Paul Detained By the TSA

    01/23/2012 12:12:45 PM PST · by neverdem · 42 replies · 1+ views
    Human Events ^ | 01/23/2012 | John Hayward
    No one expects the Spanish Inquisition! Senator Rand Paul was on his way from his home in Bowling Green, Kentucky to Washington, D.C. Monday morning, when he caused some kind of “anomaly” in a body scanner at the airport in Nashville. Agents of the Transportation Security Agency declared that he would have to submit to one of those legendary full-body pat-downs, but before a single rubber glove had snapped into place, Senator Paul refused. He wanted a new scan instead, but the TSA agents really had their hearts set on that pat-down. This ended with Senator Paul parked in a...
  • Supreme Court Rules that Warrants Needed for GPS Tracking (Scalia writes 4th amendment ruling!)

    01/23/2012 9:47:35 AM PST · by Recovering_Democrat · 99 replies
    DCist ^ | 1/23/12 | Martin Austermuhl
    In a case that stemmed from an investigation by D.C. police and the FBI of a local drug dealer, the U.S. Supreme Court ruled unanimously today that police across the country need a warrant if they want to track suspects using GPS monitors. In the ruling, which was written by Justice Antonin Scalia, the court found that even though the case involved a GPS unit that was attached to a car that was out in the open, it still constituted a "search" under the language of the Fourth Amendment: It is important to be clear about what occurred in this...
  • Suit alleging MPD executed search warrant at wrong home (Maui, HI)

    01/15/2012 7:19:28 PM PST · by bamahead · 28 replies · 1+ views
    The Maui News ^ | January 14, 2012 | ILIMA LOOMIS
    A Kihei couple is suing the Maui Police Department in federal court after officers allegedly raided their home while executing a search warrant on the wrong address last year. April and Norman Freeland allege that police forced them outside and searched their home for nearly half an hour, even after they knew they were at the wrong location. Attorney Sam MacRoberts of the Law Office of Philip Lowenthal said the couple still has never seen a warrant for the search. --SNIP-- The Freelands' lawsuit naming Maui County, Maui Police Chief Gary Yabuta and Maui Police officer Jerald Perkett was filed...
  • If a Dog Sniff Around a Car is Not A Search, What About a Dog Sniff Around a Home?

    12/29/2011 8:27:34 PM PST · by bamahead · 99 replies
    The Volokh Conspiracy ^ | December 27, 2011 | Orin Kerr
    SCOTUSblog flags a pending cert petition on an interesting Fourth Amendment question: What limits, if any, does the Fourth Amendment place on the use of a trained drug-sniffing dog to approach the front door of a home? The police might do this to see if the dog will alert for the presence of narcotics in the home, which might then be used to help show probable cause and obtain a warrant to search it. Under Illinois v. Caballes, the use of the dog around a car is not a “search” and therefore outside the Fourth Amendment. The question is, does...
  • From Planes To Trains: TSA Expands Spot Searches To Union Station

    12/28/2011 5:06:48 PM PST · by AnAmericanAbroad · 41 replies · 1+ views
    CBS Los Angeles ^ | December 27th, 2011 | Staff
    An all-too-familiar sight at LAX and the rest of the nation’s airports will soon be coming to the city’s busiest train station. KNX 1070′s Pete Demetriou reports rail passengers have started seeing Transportation Security Administration on patrol at Union Station on a more frequent basis. As many as 25 VIPR (Visible Intermodal Prevention & Response) teams began patrolling train stations nationwide last summer conducting an estimated 9,300 “suspicionless” spot searches of travelers. The agency has said the presence of officers with explosive detection dogs, radiation monitors and other devices will act as a deterrent in the nation’s busiest travel hubs.
  • Standing up for our eroding civil liberties

    12/21/2011 11:51:52 AM PST · by Tolerance Sucks Rocks · 22 replies · 1+ views
    Pravda.ru ^ | December 21, 2011 | Amy Alkon
    This country's Founding Fathers were a bunch of obnoxious jerks -- and I mean that in the most reverent way. These were men who were fiercely opposed to blind obedience to authority, and who laid their lives on the line to flip it the bird. Oh, how disappointingly -- and dangerously -- far we've fallen. Our Constitutional rights are increasingly being eroded -- at TSA checkpoints, at police stops where citizens are arrested for videotaping, and elsewhere -- and so many Americans are just sitting there blinking like livestock. At the airport this past March, I wasn't one of those...
  • It Can and Is Happening Here

    12/08/2011 3:14:57 AM PST · by marktwain · 22 replies
    The Dollar Vigilante ^ | 7 December, 2011 | NA
    Less than two months ago I was the guest on a radio program out of Fairbanks Alaska called Patriot's Lament (click here to view the video). Two of the hosts were David Giessel and Joshua Bennett. David and I had become good friends ever since we met at the recent Casey summit. Being a young anarcho-capitalist, we had him on Anarchast (click here to view). Living in Alaska, they had been very curious about my libertarian hideaway in southern Mexico (AcaCondos) and David had made plans to visit this December. That was, until, the FBI with 30 strong wearing body...
  • Ron Paul Says His Republican Rivals Want Bigger Government

    11/24/2011 12:51:14 PM PST · by rabscuttle385 · 85 replies
    Newsmax ^ | 2011-11-24 | Hiram Reisner
    Presidential hopeful Ron Paul says his rivals’ militant stances on “the defense of liberty” would make it difficult for him to support any of them for president should he not get the Republican nomination, because their positions would lead to bigger government. But the Texas congressman also told Fox News’ Neal Cavuto Wednesday that despite these concerns, he probably would not run as a third-party candidate. “I would have trouble with what I heard last night because it is almost opposite of the defense of liberty that I’m talking about,” Paul told Cavuto, referring to Tuesday night’s presidential debate. “I...
  • Family Says Police Killed Their Dogs and Slammed Grandmother to Ground

    11/20/2011 5:50:57 PM PST · by bamahead · 90 replies
    WHO-TV (NBC) Des Moines, Iowa ^ | November 18, 2011 | Aaron Brilbeck
    Matthew Spaulding says he and his family were terrorized at their own home by police who slammed his grandmother to the ground and shot his dogs-- missing his head by less than an inch. "Told us to get on the ground. I got on the ground they put me in handcuffs," Spaulding recalls, "Then they threw my dad to the ground and my dog Sadie was right here sniffing my head. She was next to me. They shot her. The blood got on my face and then she took off running behind me and they shot her like three more...
  • Missouri residents upset by order to move lake homes

    11/06/2011 1:33:39 PM PST · by Docs Galore · 43 replies
    Artesia News ^ | 11/06/2011
    The Federal Energy Regulatory Commission has ruled recently that thousands of residences and other structures identified as being built within the hydroelectric project should be removed.
  • Judge Blocks Florida's New Welfare Drug Testing Law

    10/25/2011 8:12:32 AM PDT · by NoLibZone · 18 replies
    Fox News ^ | Oct 25 2011 | Associated Press
    A federal judge temporarily blocked Florida's new law that requires welfare applicants to pass a drug test before receiving benefits on Monday, saying it may violate the Constitution's ban on unreasonable searches and seizures. Judge Mary Scriven ruled in response to a lawsuit filed on behalf of a 35-year-old Navy veteran and single father who sought the benefits while finishing his college degree, but refused to take the test. The judge said there was a good chance plaintiff Luis Lebron would succeed in his challenge to the law based on the Fourth Amendment, which protects individuals from being unfairly searched....
  • Michigan Sheriff: Random Narcotics Checkpoints Are Totally Constitutional

    10/21/2011 6:05:44 PM PDT · by bamahead · 46 replies
    Reason.com ^ | October 21, 2011 | Lucy Steigerwald
    Genesee County, Michigan Sheriff Robert Pickell is not concerned about the constitutionality of his new method of keeping Flint free of illegal drugs. Fourth Amendment fans, medical marijuana patients, and jumpy motorists are less sure. According to the Detroit Free Press: At least seven times [in October] motorists have said they have seen a pickup towing a large sign on I-69 or U.S.-23 that depicts the sheriff's badge and warns: "Sheriff narcotics check point, 1 mile ahead -- drug dog in use." The checkpoints are part of a broad sweep for drugs that [Pickell] and his self-titled "Sheriff's Posse" said...
  • Prosecuting Felonies Committed By Judges

    08/09/2011 5:15:39 PM PDT · by OneWingedShark · 31 replies
    Self | 09Aug11 | Self
            In the case Richard L. Barnes v. State of Indiana, No. 82S05-1007-CR-343, the court issued the following: “we hold that Indiana [sic] the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law.”         Ignoring the misplaced word ‘Indiana,’ this statement is quite troubling in its implications. They are saying that nobody has the right to resist even an illegal police entry into ones own home... and there are no qualifying limitations on the statement whatsoever. This means that a police officer could break into you house and rape you, your wife,...
  • (IN State) Supreme Court Reaffirms Ruling In Officer Resistance Case

    09/20/2011 12:41:36 PM PDT · by FunkyZero · 128 replies
    http://www.theindychannel.com ^ | 12:49 pm EDT September 20, 2011 | WRTV
    INDIANAPOLIS -- The Indiana Supreme Court on Tuesday reaffirmed its earlier ruling in a controversial case involving unlawful police entry. The court granted a rehearing, then supplied a five-page opinion on its May 12 opinion that declared that Hoosiers no longer had a legal right to resist police officers who enter their home without a legal basis to do so.
  • Local police officer lauded for saving Belle Vernon woman

    08/28/2011 9:19:32 PM PDT · by freedomwarrior998 · 5 replies
    Herald Standard ^ | 08/28/2011 | Josh Krysak
    An area police officer has received a commendation for meritorious duty after he saved the life of a Belle Vernon woman last month. Southwest Regional police Chief John D. Hartman said Lt. John Loughner received the commendation for saving a 50-year-old Belle Vernon woman at her Main Street residence. According to Hartman, Loughner responded to a call shortly after 8 p.m. July 10 to check on the well being of the woman at her Main Street home. When he arrived, Hartman said Loughner heard moaning and gurgling sounds coming from inside her residence but the door was locked. Fearing for...
  • Vile (internet spying bill)

    08/03/2011 9:04:31 PM PDT · by Tolerance Sucks Rocks · 18 replies
    Advice Goddess Blog ^ | August 3, 2011 | Amy Alkon
    The House Judiciary Committee just approved a bill (H.R. 1981) requiring Internet service providers to spy on their users and retain 12 months of data -- data that could be used to identify where you surf and what you post online. From the Electronic Frontier Foundation, quoting their Senior Staff Attorney Kevin Bankston: The data retention mandate in this bill would treat every Internet user like a criminal and threaten the online privacy and free speech rights of every American, as lawmakers on both sides of the aisle have recognized. Requiring Internet companies to redesign and reconfigure their systems to...
  • The Politics of Universal Criminality

    07/29/2011 4:18:03 PM PDT · by Titus Quinctius Cincinnatus · 9 replies
    The Statesman Sentinel ^ | 29-July-2011 | Tim Dunkin
    ...John Whitehead has written a great article about one particular manifestation of this – the VIPR (Visible Intermodal Prevention and Response) teams that the TSA is using more and more. These teams, paramilitary in nature, form the nucleus of the “expanded role” that the TSA leadership envisions for its agency. This involves extending the reach of TSA interventions and checkpoints beyond airports to other transportation-related entities, such as buses, trains, and even our highway system itself (as this article demonstrates is already starting to happen), with an eventual “goal” of “fighting terrorism” by establishing security checkpoints at all “soft targets,”...
  • Police to begin iPhone iris scans amid privacy concerns

    07/21/2011 5:11:58 AM PDT · by Ratman83 · 20 replies
    Reuters ^ | Jul 20, 201 | Zach Howard
    Dozens of police departments nationwide are gearing up to use a tech company's already controversial iris- and facial-scanning device that slides over an iPhone and helps identify a person or track criminal suspects.