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Keyword: 4thamendment

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  • Nicolas Sarkozy's home raided by French police

    07/03/2012 12:02:06 PM PDT · by Cincinna · 23 replies
    The Guardian UK ^ | July 3 2012 | Angelique Chrisafis in Paris
    French police have raided the home and offices of the former president Nicolas Sarkozy as part of an investigation into allegations of illegal campaign-financing by France's wealthiest woman. Police searched the mansion rented by Carla Bruni in a chic gated community in the west of Paris early on Tuesday morning. She and Sarkozy have lived there since their marriage, in 2008. Detectives also searched the office of the legal firm where Sarkozy is a partner and the office he moved into after losing the presidential election to the Socialist François Hollande in May. The couple were not present as they...
  • Navy drone crashes in Maryland

    06/11/2012 12:48:56 PM PDT · by ironwill · 41 replies
    CNN ^ | June 11, 2012 | Chris Lawrence
    Washington (CNN) -- A U.S. Navy drone crashed Monday in a marsh near Salisbury, Maryland. The RQ-4A Global Hawk drone crashed during a routine training flight from Naval Air Station Patuxent River, according to Jamie Cosgrove, a spokeswoman for the Unmanned Aviation and Strike Weapons Program at the base.
  • Should We Let Law Enforcement Drone On and On? Domestic shock-and-awe is now becoming par for the...

    06/09/2012 6:00:56 PM PDT · by neverdem · 41 replies
    Reason ^ | June 8, 2012 | A. Barton Hinkle
    Domestic shock-and-awe is now becoming par for the course. Virginia Gov. Bob McDonnell thinks the use of unmanned aerial drones for domestic law enforcement is—his word—"great." As he told WTOP radio in Washington recently, "[It] cuts down on manpower in the air, and also [is] more safe. That’s why we use it on the battlefield." Well, yes. But there is a slight difference between Baltimore and Basra or Kansas and Kandahar: We’re not at war in Baltimore or Kansas. We’re not trying to vanquish enemy forces in Washington, or repel an invasion inNorth Dakota. Admittedly, you might not know that...
  • Udder nonsense: Raw-milk confiscations begin

    05/22/2012 8:47:27 PM PDT · by Tolerance Sucks Rocks · 52 replies
    WND.com ^ | May 20, 2012 | Bob Unruh
    The founder of the Organic Pastures business in California is reporting that government health officials have begun tracking down the names and addresses of natural-foods customers and showing up at their homes, demanding to confiscate any raw milk they might have. The dispute over raw milk has reached a fever pitch in recent weeks, with a judge ruling that owners of cows have no right to the milk their herds produce, and protests being staged by mad moms whose access to such foods is being threatened. The latest report is at NaturalNews.com, which interviewed McAfee. The report said Los Angeles...
  • Rigorous strip searches in US jails upheld by Supreme Court

    04/02/2012 1:08:50 PM PDT · by katiedidit1 · 46 replies
    Yahoo.com ^ | 4/2/2012 | anon
    The Supreme Court upheld Monday the power of jails across the United States to carry out invasive strip searches on all incoming detainees, including those suspected of minor offenses. In a 5-4 ruling, it threw out an innocent New Jersey businessman's claim that his constitutional rights were violated when jailers showered him with delousing agent and lifted his genitals during his week behind bars.
  • No Place to Hide After the 2012 Election

    03/19/2012 6:53:22 PM PDT · by Whenifhow · 11 replies
    This video series presents where we were just five short years ago. No Place To Hide part 1 http://www.youtube.com/watch?v=fIOc2YpxhxI&feature=results_video&playnext=1&list=PL5C65C254564F7F52 No Place To Hide part 2 http://www.youtube.com/watch?v=WAA59LPuVfE&feature=related No Place To Hide part 3 http://www.youtube.com/watch?v=qvkr9RxSot4&feature=related No Place To Hide part 4 http://www.youtube.com/watch?v=LF8_hrpGQpI&feature=related The Obama regime and DHS have come a long way since then... “We Are This Far From A Turnkey Totalitarian State" - Big Brother Goes Live September 2013 http://www.zerohedge.com/news/%E2%80%9Cwe-are-far-turnkey-totalitarian-state-big-brother-goes-live-september-2013 "George Orwell was right. He was just 30 years early. In its April cover story, Wired has an exclusive report (http://www.wired.com/threatlevel/2012/03/ff_nsadatacenter/all/1) on the NSA's Utah Data Center, which is a must...
  • It's 'Constitution 101' for Maryland cops

    03/08/2012 8:32:42 PM PST · by Tolerance Sucks Rocks · 8 replies
    WND ^ | March 7, 2012 | Bob Unruh
    It’s going to be “Constitution 101″ for state police in Maryland, who will be undergoing training on the First and Fourth Amendments as part of a settlement of a lawsuit over the illegal arrests of pro-life protesters there. Confirmation comes from officials with the Alliance Defense Fund, who argued that the officers’ decision to arrest, take into custody and strip-search the protesters simply wasn’t allowed. The ADF noted that the settlement with Maryland State Police will include “training on rights protected by the First and Fourth amendments to the U.S. Constitution.” “Under the terms of the settlement, Maryland State Police...
  • America's police state: The drones are coming

    02/10/2012 8:31:56 AM PST · by KeyLargo · 51 replies
    Pittsburgh live.com ^ | February 10, 2012
    America's police state: The drones are coming Friday, February 10, 2012 A new federal law accelerating domestic use of government aerial surveillance drones brings America frighteningly close to an Orwellian police state. President Obama is expected to sign the FAA Reauthorization Act, which expedites approval for federal, state and local police to use these drones. The Federal Aviation Administration's existing case-by-case approach is chilling enough -- it's being sued over its refusal to disclose publicly which agencies use drones and how they're used. Still, it's known that the Department of Homeland Security's Customs and Border Protection arm uses drones domestically....
  • 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.
  • Federal Court Rules That TSA ‘Naked Scans’ Are Constitutional

    07/17/2011 6:38:06 PM PDT · by newzjunkey · 110 replies
    Forbes ^ | July 15, 2011 12:13pm | Kashmir Hill
    Last weekend, a Tennessee woman was arrested at the Nashville airport for disorderly conduct after she refused TSA security measures for her children. The woman didn’t want her two children to have to go through a whole-body-imaging scanner. When a Transportation Security Administration officer told her the machines were safe, she said, “I still don’t want someone to see our bodies naked.” She won’t be pleased with a ruling then out of the D.C. Circuit today. This morning, the federal court ruled that the “naked scans” of air travelers do not violate Americans’ constitutional rights. Privacy rights group EPIC had...
  • Washington Attempts to Make us All Culpable for Online Child Pornography

    07/12/2011 1:31:16 PM PDT · by The Magical Mischief Tour · 35 replies
    Reason Magazine ^ | 07/12/2011 | Matt Welch
    Have you heard about The Protecting Children from Internet Pornographers Act of 2011? It's the latest in a l-o-n-g line of just terrible bills proposed to calm (though never quite eliminate) the fears of middle-aged people about what that scary Internet might potentially do to Our Children. There's a hearing on the legislation taking place as we speak. Here's Cato's Jim Harper: It's got everything: porn, children, the Internet. And it's got everything: financial services providers dragooned into law enforcement, data retention requirements heaped on Internet service providers, expanded "administrative subpoena" authority. (Administrative subpoenas are an improvisation to accommodate the...
  • TSA denies having required a 95-year-old woman to remove diaper

    06/27/2011 7:38:06 PM PDT · by Nachum · 67 replies
    CNN ^ | 6/27/11 | CNN Wire Staff
    (CNN) -- The Transportation Security Administration has denied that its agents required a 95-year-old woman to remove her adult diaper last week before allowing her to pass a screening checkpoint at Northwest Florida Regional Airport. "While every person and item must be screened before entering the secure boarding area, TSA works with passengers to resolve security alarms in a respectful and sensitive manner," the agency said Sunday night in a statement. "We have reviewed the circumstances involving this screening and determined that our officers acted professionally, according to proper procedure and did not require this passenger to remove an adult...
  • Dying Woman Undergoes Additional TSA Security Screening, Says Family

    06/26/2011 3:26:20 PM PDT · by Zakeet · 130 replies
    Fox News ^ | June 26, 2011
    An elderly woman in the late-stages of leukemia was forced to undergo 45 minutes of additional screenings last Saturday when she tried to board a flight out of Northwest Florida Regional Airport, her daughter told FoxNews.com Lena Reppert, 95, was to say her final goodbyes to her daughter before she made what would most likely be her last flight to her native Michigan. After eight years of battling leukemia, doctors say she doesn’t have much time to live. “She said she wanted to be closer to her grave,” Jean Weber, her daughter, told FoxNews.com. “I knew it would probably...
  • Rick Perry vs. TSA

    06/14/2011 2:20:13 PM PDT · by jbwilson · 10 replies
    The Washington Times ^ | 06/14/2011 | The Washington Times
    It’s now up to Texas Gov. Rick Perry to rescue the nation’s travelers from the indignity of x-rated airport screening at the hands of the Transportation Security Administration (TSA). On Tuesday, a state House of Representatives committee is scheduled to consider revised legislation holding blue-gloved bureaucrats criminally liable for grabbing the private parts of passengers without probable cause or consent. For the measure to proceed further, however, Mr. Perry would have to formally add it to the list of bills considered during the special session now under way.
  • SWAT Use – There’s Something Happening Here…

    06/13/2011 5:30:04 PM PDT · by Whenifhow · 30 replies
    A dear friend of mine described the horrific scene at her daughter’s home when a SWAT team emerged – based on a false report. A portion of the story is documented here: "On Tuesday, June 7, 2011, a West Virginia family sat in their living room watching “Deadliest Catch” when a very loud thump was heard at their front door. The children, as previously trained by their parents, immediately fled to their designated safe spot. The young children knew something was very wrong when they heard a sound like that at their front door at that time of night. When...
  • Unlawful Police Entry Ruling Could Be Reconsidered (Indiana)

    06/10/2011 8:01:14 AM PDT · by Abathar · 42 replies
    theindychannel.com ^ | 06/10/2011 | uncredited
    INDIANAPOLIS -- The Indiana Supreme Court may reconsider its ruling that eliminates the right of homeowners to resist unlawful police entry into their homes. The attorney for Richard Barnes, whose criminal case in Vanderburgh County led to the court ruling last month, filed a formal petition for a rehearing Thursday. Barnes' attorney argues the ruling violates the Fourth Amendment of the U.S. Constitution. "We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," part of the petition read. The court issued its controversial...
  • SWAT Team Raids Man's Home Over Student Loans

    06/08/2011 8:54:30 AM PDT · by RIghtwardHo · 92 replies
    Michelle Malkin ^ | 6-8-2011 | RightwardHo
    "Kenneth Wright does not have a criminal record and he had no reason to believe a S.W.A.T team would be breaking down his door at 6 a.m. on Tuesday."
  • title:Video: SWAT team raids house over … unpaid student loans

    06/08/2011 10:52:52 AM PDT · by SeekAndFind · 43 replies · 1+ views
    Hotair ^ | 06/08/2011 | Ed Morrissey
    Via JWF and Reason, we now present this instructional video from the Department of Education. Now that the government has for all practical pruposes nationalized the student-loan industry, the DoE would like to educate recipients on new loan-collection processes. The banks used to send bill collectors and file claims in court, but the Obama administration doesn’t like those kind of harsh private-sector measures to retrieve lost capital. Instead, they’ll send a SWAT team to kick in your door and frighten your children — even if you don’t live with them anymore: CLICK ABOVE LINK FOR THE VIDEO Kenneth Wright does...
  • Texas TSA pat down ban may be back

    06/03/2011 6:57:29 AM PDT · by Evil Slayer · 14 replies
    The Hill ^ | 6/2/11 | Keith Laing
    Texas lawmakers may reconsider a bill to outlaw controversial airport pat-downs, the sponsor of legislation that was shelved recently said this week. Texas state Rep. David Simpson (R) said that Texas Lt. Gov. David Dewhurst asked Gov. Rick Perry to include the measure in a special session of the Texas legislature. Dewhurst reported asked lawmakers to withdraw the bill when federal officials threatened to cancel flights to Texas if it passed. But he has since had a change of heart, Simpson told fans on his Facebook page. "The Lt. Gov. sent a letter to Gov. Perry asking him to include...
  • 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...