Free Republic

Not only should we be careful in what we wish for, but we should be ever so diligent when drafting pro gun legislation. One of the greatest evils against the Bill of Rights is legislation that doesn't pass the constitutional test. This can happen even when the legislators have the best of intentions. Alaska police officers regularly disarm law abiding citizens, taking their firearms and running the serial numbers through the system. This in itself is a violation of the “fourth amendment”. No surprise here, officers that have taken an oath to uphold the constitution are regularly breaking this same...

Seconds after BART police officer Johannes Mehserle shot and killed Oscar Grant, police immediately began confiscating cell phones containing videos that have yet to see the light of day. In fact, the only videos that have been seen by the public were filmed by people who managed to leave the scene before police confronted them.In one instance, police chased after Karina Vargas after she stepped on the train, banging on the window after the doors closed and demanding her to turn over the camera. The train sped away with Vargas still holding her camera.Her video, which did not show the...

The DUI Exception to the Constitution” Posted by Lawrence Taylor on May 9th, 2005 In the course of various postings concerning MADD, I have received emails suggesting that they are a civic-minded organization which does not deserve my criticisms. As I have said on many occasions, I believe them to be a well-intentioned group of "true believers" — who, like most zealots, have a rigid and narrow focus and are ignorant of the harm they cause to others. And in other posts I have tried to explain the nature of that harm. Many years ago, I was invited to give...

Dog's bad nose prompts judge to toss drug case By Todd Ruger Published: Wednesday, November 19, 2008 at 1:32 p.m. Last Modified: Wednesday, November 19, 2008 at 1:35 p.m. MANATEE COUNTY — Another circuit judge threw out evidence in a drug possession case, ruling that a narcotics-sniffing dog’s nose was not reliable enough to justify searching a vehicle. Matthew McNeal is the second Manatee County defendant to escape drug possession charges this year because Talon, a now-retired K-9 from the Palmetto Police Department, alerted to the odor of drugs in a car and officers used that to search it. Defense...

Government Must Get a Warrant Before Seizing Cell Phone Location Records San Francisco - In an unprecedented victory for cell phone privacy, a federal court has affirmed that cell phone location information stored by a mobile phone provider is protected by the Fourth Amendment and that the government must obtain a warrant based on probable cause before seizing such records.The Department of Justice (DOJ) had asked the federal court in the Western District of Pennsylvania to overturn a magistrate judge's decision requiring the government to obtain a warrant for stored location data, arguing that the government could obtain such information...

The Fourth Amendment to our Constitution protects Americans against "unreasonable searches and seizures" and against warrants being issued without "probable cause" that they have done something wrong. While most Americans who might be familiar with this portion of our Bill of Rights probably consider its protections to apply only to criminals and therefore of little consequence to them, the Fourth Amendment actually provides vital protection to all Americans, not just "criminals." In fact, its prefatory language makes this clear, explicitly providing that its goal is to assure that the "right of the people to be secure in their persons, houses,...

They are meant to reduce crime by helping police spot problems. By the end of the year, 40 cameras will cover 31 locations in the area. It's part of a plan first announced in January by Dallas Police. Grant money will cover the 840-thousand dollar price tag for the cameras. Police will monitor the cameras from their headquarters and City Hall. Some residents feel apprehensive about the surveillance, seeing it as an invasion of privacy. But others say the cameras could help curb petty crime and random violence.

(New Haven-WTNH, Sept. 19, 2006 10:45 PM) _ A student's refusal to walk through a safety detector earns him a trip home. For some the installation of metal detectors in schools is to better protect those inside. One New Haven student is refusing to walk the walk, questioning whether his rights are being violated. The district says it is like the right to enter a courtroom or get on a plane. It's new policy to keep young people safe. For this New Haven student it's all about his fourth amendment right to be free from unreasonable searches and seizures. Nick...

In New Jersey, one's home is not one's castle after all. The real castle, it turns out, is the car. The New Jersey Supreme Court ruled 4-3 yesterday that police do not need a reason to ask permission to search someone's home. The same court four years ago issued rules saying police must have a good reason before asking motorists if they can search their cars. Yesterday the court said the rules for cars -- which prohibit police from asking motorists if they can conduct a search unless they have "a reasonable and articulable suspicion" of criminal activity -- are...

Hundreds of drivers who ran red lights while making turns at intersections newly monitored by cameras have not been issued tickets because of a loophole in the photo-enforcement ordinance. "The way the current city ordinance is written, turns are excluded, even if they are illegal turns," said Houston police Sgt. Michael Muench. Traffic officers reviewed more than 1,000 violations caught on camera during the first two weeks of the program, the police department reported. A third were thrown out, many because the driver was making a right or left turn while running the light, Muench said. Muench was unable to...

TAMPA, Fla. -- Security "pat-downs" of fans at Tampa Bay Buccaneers games are unconstitutional and unreasonable, a federal judge ruled Friday, throwing into question the practice at NFL games nationwide. U.S. District Judge James D. Whittemore issued an order siding with a Bucs season-ticket holder who had sued to stop the fan searches that began last season after the NFL implemented enhanced security measures. High school civics teacher Gordon Johnson sued the Tampa Sports Authority, which operates the stadium, to stop officials from conducting the "suspicionless" searches. A state judge agreed with Johnston that the searches are likely unconstitutional and...

U.S. Senate Bids to Ban Emergency Gun Confiscation But one prominent Democrat, among others, is opposed Updated: July 24th, 2006 05:07 PM PDT Sen. Edward Kennedy (D-MA) charges a Republican-backed amendment that prohibits the confiscation of guns during an emergency puts police officers and first responders in danger. The amendment, sponsored by Sen. David Vitter (R-LA), was added to the Homeland Security appropriations bill during a July 13 Senate vote. During the rescue and response after Hurricane Katrina police officers and first responders had to pull back from rescuing victims because they were being shot at by snipers. The amendment...

Virginia's secretary of transportation sent out a letter announcing the state's annual "Click It or Ticket" campaign May 22 through June 4. I responded to the secretary of transportation with my own letter that in part reads: "Mr. Secretary: This is an example of the disgusting abuse of state power. Each of us owns himself, and it follows that we should have the liberty to take risks with our own lives but not that of others. That means it's a legitimate use of state power to mandate that cars have working brakes because if my car has poorly functioning brakes,...

DANBURY — In a decision Superior Court trial referee Robert Callahan "agonized long and hard over," he ruled in favor of two accused drug dealers who claimed they were stopped outside the Sheraton in Danbury in 2004 only because they were black. In a written decision dated May 17 and received Friday by defense lawyers, Callahan said he came to his decision, which essentially guts the state's case against the men, "reluctantly" and after "soul-searching." Lawyer James Diamond of Danbury said his client Demetere Taft, 30, of Beaver Street, is "obviously very pleased that the judge has agreed with the...

In 1775, New Hampshire was the first colony to declare its independence from oppressive laws and taxes levied by the British crown. Now it may become the first state to declare its independence from an oppressive digital ID law concocted in Washington, D.C. New Hampshire's House of Representatives has overwhelmingly approved a remarkable bill, HB 1582, that would prohibit the state from participating in the national ID card system that will be created in 2008. A state Senate vote is expected as early as next week. The federal law in question is the Real ID Act (here's our FAQ on...

Unmanned aerial vehicles have soared the skies of Afghanistan and Iraq for years, spotting enemy encampments, protecting military bases, and even launching missile attacks against suspected terrorists. Now UAVs may be landing in the United States. A House of Representatives panel on Wednesday heard testimony from police agencies that envision using UAVs for everything from border security to domestic surveillance high above American cities. Private companies also hope to use UAVs for tasks such as aerial photography and pipeline monitoring. "We need additional technology to supplement manned aircraft surveillance and current ground assets to ensure more effective monitoring of United...

From Anchorage it takes 90 minutes on a propeller plane to reach this fishing village on the state's southwestern edge, a place where some people still make raincoats out of walrus intestine. This is the Alaskan bush at its most remote. Here, tundra meets sea, and sea turns to ice for half the year. Scattered, almost hidden, in the terrain are some of the most isolated communities on American soil. People choose to live in outposts like Dillingham (pop. 2,400) for that reason: to be left alone. So eyebrows were raised in January when the first surveillance cameras went up...

RFID: Europe Wants to Tag You From the desk of Elaib Harvey on Sun, 2006-03-12 20:45 Am I the only one who is a tad concerned about the new RFID (Radio Frequency Identification Devices) Policy for Europe? I hope not. This year data retention legislation was introduced by the European Parliament and now we have the execrable Viviane Reding at a major conference in Hanover burbling about the Commission’s new consultation on the electronic tagging technology. Given that Commission Press Releases are normally bland to the point of ennui the following is quite something, “But their power to report their...

If you are stopped by police in Kansas, don’t be surprised if the officer pulls out a little black box and takes your fingerprints. The gadget allows officers to identify people by fingerprints without hauling them to the police station. Over the next year the Kansas Bureau of Investigation will test 60 of the devices with law enforcement agencies around the state. State officials said similar tests are being planned for New York, Milwaukee and Hawaii. “This is definitely new,” said Gary Page, Overland Park Police Department crime lab. “It’s been talked about, but as far as I know they...

New Yorkers, get ready for your closeup. The NYPD is installing 505 surveillance cameras around the city - and pushing to safeguard lower Manhattan with a "ring of steel" that could track hundreds of thousands of people and cars a day, authorities revealed yesterday. .. The NYPD also has applied for $81.5 million in federal aid to install surveillance cameras, computerized license plate readers and vehicle barriers around lower Manhattan, Kelly said. .. But don't expect the NYPD to install its cameras without battling the New York Civil Liberties Union. The watchdog group's associate legal director, Chris Dunn, questioned the...