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Keyword: searchandseizure

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  • Colorado City to Pay $325,000 For Unlawful Search and Seizure

    01/15/2017 5:49:10 PM PST · by nickcarraway · 10 replies
    An attempt to locate a bank robbery suspect is costing the city of Aurora $325,000. The city agreed to settle a lawsuit brought forth by people who were detained at an intersection while police tried to find a man who robbed a nearby bank. Some motorists were approached at gunpoint by police following the robbery, handcuffed and made to wait two hours before the scene was cleared. Stacks of money stolen from the bank contained a GPS tracking device that led police to the intersection. When police arrived in the area, they weren't able to use GPS to specifically pinpoint...
  • Why Conservatives Need to Focus on the 4th Amendment

    05/20/2015 1:38:23 PM PDT · by concernedcitizen76 · 10 replies
    ConservativeHQ ^ | May 19, 2015 | Mark J. Fitzgibbons, Esq.
    The Fourth Amendment is getting attention that it's not gotten before, and by popular will, it will be defined in how it is interpreted and implemented. Unless conservatives participate and act to define it, it will be defined by liberals and/or libertarians. From NSA spying to publicized abuses by armed federal agents and even some local police, people are afraid and are speaking out. That's good. The debate is leading to federal legislation and even constitutional amendments in states to rein in lawless government investigations. The Fourth Amendment is one of the most important arrows in the quiver against bullying...
  • High court limits drug-sniffing dog searches during traffic stops

    04/21/2015 10:46:54 AM PDT · by Lurking Libertarian · 57 replies
    The Los Angeles Times ^ | April 21, 2015 | David G. Savage
    The Supreme Court told the police Tuesday they may not turn routine traffic stops into drug searches using trained dogs. The 6-3 decision ends the increasingly common practice whereby officers stop a car for a traffic violation and then call for a drug-sniffing dog to inspect the vehicle. The justices, both liberal and conservative, agreed that it was an unconstitutional "search and seizure" to hold a motorist in such cases. "Police may not prolong detention of a car and driver beyond the time reasonably required to address the traffic violation," said Justice Ruth Bader Ginsburg, speaking for the court. [snip]...
  • Riley won, but will Riley benefit from it?

    07/02/2014 9:06:14 AM PDT · by right-wing agnostic
    The Volokh Conspiracy ^ | July 2, 2014 | Orin Kerr
    One last dip into a big Pew survey we've been discussing about on the politics and policy views of Americans. Pew surveyed more than 10,000 adults earlier this year on topics ranging from their views of Hillary Rodham Clinton to taking the bus, and the report divides their responses along a set of political typologies that group respondents into generally coherent categories across the range of policy issues: i.e., the "business conservative," the "solid liberal," the young "next generation left." Across that spectrum, there is not surprisingly wide disagreement on racial progress in America and the steps government still must...
  • U.S. Supreme Court to weigh cell phone searches by police

    01/18/2014 2:36:24 AM PST · by BuckeyeTexan · 35 replies
    Yahoo! News Canada ^ | 01/17/2014 | Lawrence Hurley
    WASHINGTON (Reuters) - The U.S. Supreme Court agreed on Friday to decide whether police can search an arrested criminal suspect's cell phone without a warrant in two cases that showcase how the courts are wrestling to keep up with rapid technological advances. Taking up cases from California and Massachusetts arising from criminal prosecutions that used evidence obtained without a warrant, the high court will wade into how to apply older court precedent, which allows police to search items carried by a defendant at the time of arrest, to cell phones.
  • Microsoft, suspecting NSA spying, to ramp up efforts to encrypt its Internet traffic

    11/27/2013 6:01:24 AM PST · by expat_panama · 18 replies
    Washington Post ^ | Nov. 27, 2013 | Craig Timberg
    Microsoft is moving toward a major new effort to encrypt its Internet traffic amid fears that the National Security Agency may have broken into its global communications links, said people familiar with the emerging plans. Suspicions at Microsoft, while building for several months, sharpened in October when it was reported that the NSA was intercepting traffic inside the private networks of Google and Yahoo, two industry rivals with similar global infrastructures, said people with direct knowledge of the company’s deliberations. They said top Microsoft executives are meeting this week to decide what encryption initiatives to deploy and how quickly.
  • AUDIO: Mark Levin explains the founders perspective on search and seizure

    06/11/2013 6:19:09 PM PDT · by Do Not Make Fun Of His Ears · 47 replies
    The RightScoop ^ | June 11, 2013 | Mark Levin
    Some are using the founders to justify the current NSA programs, but Mark Levin, in an excellent monologue, disagrees and sets the record straight on what the founders actually thought about search and seizure as they drafted and argued over the Constitution.
  • Obama Administration Expands ATF’s Power to Seize Property

    09/08/2012 2:49:47 PM PDT · by DogByte6RER · 73 replies
    Guns.com ^ | 09.07.2012 | S.H. Blannelberry
    Obama Administration Expands ATF’s Power to Seize Property As part of a one-year trial run, the Department of Justice has granted the Bureau of Alcohol, Tobacco, Firearms and Explosives the power to “to seize and administratively forfeit property allegedly involved in controlled substance offenses,” which is almost tantamount to saying that on the mere suspicion that one is doing something illegal, the ATF can snatch one’s firearms and property. The Washington Times, among other publications, have explained the implications of this new DoJ decree: It’s a dangerous extension of the civil-forfeiture doctrine, a surreal legal fiction in which the seized...
  • Free to Search and Seize (NY Times OP ED)

    06/24/2011 10:04:33 AM PDT · by The Magical Mischief Tour · 52 replies
    NY Times ^ | 06/22/2011 | DAVID K. SHIPLER
    THIS spring was a rough season for the Fourth Amendment. The Obama administration petitioned the Supreme Court to allow GPS tracking of vehicles without judicial permission. The Supreme Court ruled that the police could break into a house without a search warrant if, after knocking and announcing themselves, they heard what sounded like evidence being destroyed. Then it refused to see a Fourth Amendment violation where a citizen was jailed for 16 days on the false pretext that he was being held as a material witness to a crime. In addition, Congress renewed Patriot Act provisions on enhanced surveillance powers...
  • 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...
  • 'No refusal' initiative to become more common in Harris County

    12/30/2010 12:49:32 PM PST · by RikaStrom · 113 replies · 44+ views
    Houston Chronicle ^ | Dec. 22, 2010 | ANITA HASSAN
    Harris County law enforcement agencies will again crack down on drunken drivers during Christmas and New Year's, but the expanded operations no will longer be limited to holiday weekends. The "no refusal" initiative — a countywide program that expedites search warrants for blood samples from drunken driving suspects who refuse breath tests — now will be in effect every weekend for the next three years due in large part to a grant recently issued by the Texas Department of Transportation to the Harris County District Attorney's Office. The initiative, which also includes funds from the District Attorney's Office, will total...
  • Kenneth City delays decision on neatness ordinance[FL][Private Property Rights]

    12/01/2008 3:21:46 PM PST · by BGHater · 20 replies · 1,220+ views
    St. Petersburg Times ^ | 30 Nov 2008 | Anne Lindberg
    Council members caved in to demands from an angry crowd and delayed approving a neatness ordinance until officials explain every word of the 26-page document to Kenneth City residents. In what was estimated to be the largest crowd to ever attend a Kenneth City Council meeting, an outraged group of residents railed at the proposal that would regulate the upkeep of both the exterior and interior of all property in the town. The proposal basically sets standards for upkeep and appearance and gives town officials the right to enter homes. If the owner refuses to allow the official to enter,...
  • Dog's bad nose prompts judge to toss drug case

    11/19/2008 5:27:12 PM PST · by Chet 99 · 20 replies · 595+ views
    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...
  • (DC)Metro to Randomly Search Riders' Bags

    10/30/2008 11:07:58 AM PDT · by Publius804 · 10 replies · 529+ views
    www.washingtonpost.com ^ | October 28, 2008 | Lena H. Sun
    Metro to Randomly Search Riders' Bags By Lena H. Sun Washington Post Staff Writer Tuesday, October 28, 2008; Page A01 Metro officials yesterday announced plans to immediately begin random searches of backpacks, purses and other bags in a move they say will protect riders and also guard their privacy and minimize delays. The program is modeled after one begun three years ago in New York that has withstood legal challenges. However, experts said it is difficult to measure the effectiveness of such searches, beyond assuring the public that police are being vigilant. New York officials declined to say what they...
  • Sniffer dogs to wear ‘Muslim’ bootees

    07/05/2008 1:35:25 PM PDT · by Free ThinkerNY · 52 replies · 305+ views
    The Sunday Times ^ | July 6, 2008 | Stuart MacDonald
    Police sniffer dogs will have to wear bootees when searching the homes of Muslims so as not to cause offence. Guidelines being drawn up by the Association of Chief Police Officers (Acpo) urge awareness of religious sensitivities when using dogs to search for drugs and explosives. The guidelines, to be published this year, were designed to cover mosques but have been extended to include other buildings. Where Muslims object, officers will be obliged to use sniffer dogs only in exceptional cases. Where dogs are used, they will have to wear bootees with rubber soles. “We are trying to ensure that...
  • Judge upholds search at ex-pastor's (Bradenton, FL)

    07/03/2008 11:18:37 AM PDT · by Coleus · 8 replies · 305+ views
    herald tribune ^ | 06.27.08 | Michael A. Scarcella
    Sheriff's detectives conducted a proper search of the home of a youth pastor even without a warrant, a Manatee County judge ruled Thursday. The ruling shot down a defense challenge and now means prosecutors can use videotapes and hidden cameras seized in the voyeurism investigation last year. Authorities did not need a warrant to search the home of Bethel Baptist Church youth pastor Matthew C. Porter because a friend who had been house-sitting agreed to let detectives inspect Porter's home in Ellenton, Manatee County Judge George K. Brown Jr. determined. The detectives, the judge said, acted reasonably. Investigators say Porter,...
  • WA court: Police pat-downs can't be based on odd behavior (Washington state)

    05/23/2008 3:44:47 PM PDT · by djf · 27 replies · 39+ views
    Seattle PI ^ | 5/22/08 | Curt Woodward
    OLYMPIA, Wash. -- In another nod to the Washington Constitution's broad privacy protections, the state Supreme Court has thrown out the drug conviction of a man who was searched by police solely because of his weird behavior. Thursday's unanimous decision reinforces the rules for simple pat-downs under state law, which offers stronger safeguards against police searches than the U.S. Constitution. Without a search warrant or probable cause to make an arrest, police in Washington may frisk someone for weapons only if an officer has reason to believe the person is armed and dangerous. The court said those rules weren't followed...
  • If Your Hard Drive Could Testify...

    01/07/2008 6:56:46 AM PST · by rawhide · 122 replies · 144+ views
    New York Times ^ | 01-07-08 | Adam Liptak
    A couple of years ago, Michael T. Arnold landed at the Los Angeles International Airport after a 20-hour flight from the Philippines. He had his laptop with him, and a customs officer took a look at what was on his hard drive. Clicking on folders called “Kodak pictures” and “Kodak memories,” the officer found child pornography. The search was not unusual: the government contends that it is perfectly free to inspect every laptop that enters the country, whether or not there is anything suspicious about the computer or its owner. Rummaging through a computer’s hard drive, the government says, is...
  • USA v. ALVEREZ-TEJEDA (Fourth Amendment circumscribed by condoning warrantless search)

    06/10/2007 12:34:45 AM PDT · by amchugh · 74 replies · 1,437+ views
    Ninth Circuit Opinions ^ | June 08, 2007 | Auto Blogged 9th Circuit
    We consider the Fourth Amendment’s limits on the use of trickery and force in conducting seizures. Facts Ascension Alverez-Tejeda and his girlfriend drove up to a traffic light. As the light turned green, the car in front of them lurched forward, then stalled. Alverez-Tejeda managed to stop in time, but the truck behind him tapped his bumper. As Alverez-Tejeda got out to inspect the damage, two officers pulled up in a police cruiser and arrested the truck driver for drunk driving. The officers got Alverez-Tejeda and his girlfriend to drive to a nearby parking lot, leave the keys in the...
  • Surveillance cameras going up in downtown Dallas

    10/03/2006 7:35:06 AM PDT · by Lunatic Fringe · 18 replies · 520+ views
    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.