Keyword: searchwarrant

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  • FBI wasn't able to unlock iPhone, even with a 'fingerprint unlock warrant' (video at Link)

    05/12/2016 1:58:44 PM PDT · by Swordmaker · 40 replies
    CNN Money ^ | May 12, 2016: 10:24 AM ET | by Jose Pagliery
    A judge recently took the controversial step of letting the FBI force a woman to unlock an iPhone with her fingerprints. But it didn't work. CNNMoney has learned that the FBI was unable to open an iPhone in Los Angeles. It's an important detail when debating how new technology -- and new police methods -- affect Americans' Fifth Amendment right to avoid self-incrimination. And it shows that while the FBI unlocked the San Bernardino terrorist's iPhone 5C, law enforcement still has trouble getting into most iPhones. The present case sparked nationwide attention when it was highlighted by the Los Angeles...
  • US Supreme Court approves expanded hacking powers

    05/01/2016 10:15:00 AM PDT · by Swordmaker · 19 replies
    BBC ^ | April 29, 2016 | BBC Staff
    Snooping on a tablet computerImage copyrightThinkstock The US Supreme Court has approved a rule change that could allow law enforcement to remotely search computers around the world. Previously, magistrate judges could order searches only within the jurisdiction of their court, often limited to a few counties. The US Department of Justice (DoJ) said the change was necessary to modernise the law for the digital age. But digital rights groups say the move expands the FBI's hacking authority. The DoJ wants judges to be able to issue remote search warrants for computers located anywhere that the United States claims jurisdiction, which...
  • FBI not sure it can help Arkansas, after all

    03/31/2016 10:14:44 PM PDT · by Swordmaker · 10 replies
    Cnet ^ | March 31, 2016 | by Rochelle Garner
    FBI tells Arkansas prosecutor it doesn't know enough to say if it really can unlock that iPhone and iPod. James Martin/CNET The FBI is distancing itself from an Arkansas prosecutor's statement that said the agency will help unlock an iPhone and iPod belonging to two teenagers accused of murder. The agency's office in Little Rock told the Associated Press Thursday that it doesn't have enough information about either Apple device to say if it can help the state's investigation. "On March 28, 2016, FBI Little Rock received a request for investigative assistance in unlocking Apple devices," the agency said in...
  • Who's come to fix your broadband? It may be a Fed in disguise. Without a search warrant

    02/05/2015 8:08:24 PM PST · by Dallas59 · 50 replies ^ | 4 Feb 2015 at 02:36 |
    A Nevada court has ruled FBI agents can dress up as ISP repairmen to blag their way into a suspect's home without a search warrant – but must tell the courts about it when they do. The ruling stems from a case brought by the Feds against Malaysian poker player Wei Seng Phua and his son, whom the agency accused of running an illegal betting syndicate from a luxury Las Vegas villa during last year's FIFA World Cup. The duo hired the house in the grounds of Caesars Palace casino on the famous Strip, and asked for large-screen monitors, laptops,...
  • FBI Seeks To Legally Hack You If You're Connected To TOR Or a VPN

    01/25/2015 11:15:40 PM PST · by LibWhacker · 55 replies ^ | 1/20/15
    The investigative arm of the Department of Justice is attempting to short-circuit the legal checks of the Fourth Amendment by requesting a change in the Federal Rules of Criminal Procedure. These procedural rules dictate how law enforcement agencies must conduct criminal prosecutions, from investigation to trial. Any deviations from the rules can have serious consequences, including dismissal of a case. The specific rule the FBI is targeting outlines the terms for obtaining a search warrant. It's called Federal Rule 41(b), and the requested change would allow law enforcement to obtain a warrant to search electronic data without providing any specific...
  • Stop and seize

    09/07/2014 8:38:49 PM PDT · by MtnClimber · 11 replies
    Washington Post ^ | 7 September, 2014 | Not listed
    The Post found: •There have been 61,998 cash seizures made on highways and elsewhere since 9/11 without search warrants or indictments through the Equitable Sharing Program, totaling more than $2.5 billion. State and local authorities kept more than $1.7 billion of that while Justice, Homeland Security and other federal agencies received $800 million. Half of the seizures were below $8,800. •Only a sixth of the seizures were legally challenged, in part because of the costs of legal action against the government.
  • 4 Things You Need to Know If the Police Try To Search Your Phone

    06/30/2014 3:38:15 PM PDT · by Kid Shelleen · 45 replies
    Gizmodo ^ | 06/30/2014 | Ashley Feinberg
    In a rare unanimous Supreme Court decision yesterday, all nine Justices agreed that, yep, searching your phone without a warrant is indeed illegal. So if a police officer ever does try to dig through your digital dirt unlawfully, this is what you need to do. The often controversial Chief Justice John Roberts summed the whole thing up with a few delightfully biting lines in the court's decision:
  • The Supreme Court Just Struck a Huge Blow Against the Government's Invasion of Your Privacy

    06/26/2014 8:14:09 AM PDT · by Marie · 19 replies
    Policy Mic ^ | 6/25/2014 | Jenna Kagel
    (Regarding Cellphones) The Supreme Court has handed down a unanimous decision in Riley v. California, and it's good news for digital privacy advocates. The Court decided that once someone is arrested, the police may not search the person's phone without a warrant. The ruling stated that "the term 'cell phone' is often misleading in shorthand; many of these devices are in fact miniature computers that also happen to have the capacity to be used as a telephone. They could just as easily be called cameras, video players, rolodexes, calendars, tape recorders, libraries, diaries, albums, televisions, maps, or newspapers." Before just...
  • Supreme Court: Pennsylvania cops no longer need a warrant to search citizens’ vehicles

    04/30/2014 2:36:59 PM PDT · by doc390 · 44 replies ^ | 04/30/2014 | Brett Hambright
    Pennsylvania police officers no longer need a warrant to search a citizen’s vehicle, according to a recent state Supreme Court opinion. The high court’s opinion, released Tuesday, is being called a drastic change in citizens’ rights and police powers.
  • Pa. high court rules police no longer need warrant to search vehicles

    04/30/2014 3:09:09 PM PDT · by PaulCruz2016 · 52 replies
    The Washington Times ^ | 04-30-2014 | Jessica Chasmar
    Pennsylvania police officers no longer need a warrant to search a citizen’s vehicle, the state’s Supreme Court ruled Tuesday. Drivers in the state used to be able to refuse a warrantless search, but now their vehicles can be subject to search when a police officer determines there is “reasonable probable cause” to do so, the Intelligencer Journal reported. The high court’s ruling, passed on a 4-2 vote, is being called a drastic change in citizens’ rights and police authority, the paper said. “This is a significant change in long-standing Pennsylvania criminal law, and it is a good one,” said Lancaster...
  • Justices split on whether police can search cellphones during arrests

    04/30/2014 8:10:20 AM PDT · by BuckeyeTexan · 32 replies
    LAT ^ | 04/29/2014 | David Savage
    WASHINGTON — Confronting a right-to-privacy question in the new world of smartphones, the Supreme Court justices sounded closely split Tuesday on whether police officers should be free to search through the phone of any person who is arrested. Justice Elena Kagan, the newest and youngest member of the high court, urged her colleagues to insist on protecting privacy. “People carry their entire lives on their cellphone,” she said during the argument involving a San Diego case. If there are no limits, a police officer could stop a motorist for not having seat belt buckled and download a huge amount of...
  • Supreme Court ruling eases police search of suspect's home

    02/25/2014 12:39:08 PM PST · by Theoria · 58 replies
    Reuters ^ | 25 Feb 2014 | Lawrence Hurley
    The Supreme Court on Tuesday handed a victory to law enforcement agencies by making it easier for police to search a dwelling without a warrant. The court held on a 6-3 vote that police can search a home without a warrant, even if the suspect has objected, as long as he is no longer on the scene and a co-tenant gives consent. It made no difference that the suspect, Walter Fernandez, had earlier objected to the police entering the apartment before police took him outside, the court concluded. The ruling was a loss for Fernandez, who had wanted evidence found...
  • When Cops Don't Need a Warrant To Crash Through Your Door

    08/05/2013 6:15:09 AM PDT · by bamahead · 39 replies
    Reason ^ | July 31, 2013 | J.D. Tuccille
    The Fourth Amendment protects us from random invasions of our homes by police, right? We know we're secure in our "persons, houses, papers, and effects" unless the cops demonstrate probable cause to a judge and get a warrant. Except... Except when they don't. The fact of the matter is that police have a lot of leeway to bust your door down and take a look around if they fear that waiting for a warrant could lead to loss of evidence or danger to people. Or lead to something, anyway. That end run around the Fourth Amendment is called "exigent circumstances,"...
  • Holder OK'd search warrant for Fox News reporter's private emails, official says

    05/23/2013 2:56:05 PM PDT · by Perdogg · 109 replies
    NBC News ^ | 5/23/13 | Michael Isikoff
    Attorney General Eric Holder signed off on a controversial search warrant that identified Fox News reporter James Rosen as a “possible co-conspirator” in violations of the Espionage Act and authorized seizure of his private emails, a law enforcement official told NBC News on Thursday.
  • IRS: We can read emails without warrant (Where's the American Outrage?)

    04/11/2013 9:24:02 AM PDT · by SeekAndFind · 17 replies
    The Hill ^ | 04/11/2013 | Brendan Sasso
    The Internal Revenue Service (IRS) has claimed that agents do not need warrants to read people's emails, text messages and other private electronic communications, according to internal agency documents. The American Civil Liberties Union (ACLU), which obtained the documents through a Freedom of Information Act request, released the information on Wednesday. In a 2009 handbook, the IRS said the Fourth Amendment does not protect emails because Internet users "do not have a reasonable expectation of privacy in such communications." A 2010 presentation by the IRS Office of General Counsel reiterated the policy. Under the Electronic Communications Privacy Act (ECPA) of...
  • IRS claims it can read your e-mail without a warrant [Obama Treats 4th Amendment Like Toilet Paper]

    04/11/2013 6:47:49 AM PDT · by SoFloFreeper · 56 replies
    CNET ^ | 4/10/13
    The ACLU has obtained internal IRS documents that say Americans enjoy "generally no privacy" in their e-mail messages, Facebook chats, and other electronic communications. The Internal Revenue Service doesn't believe it needs a search warrant to read your e-mail. Newly disclosed documents prepared by IRS lawyers say that Americans enjoy "generally no privacy" in their e-mail, Facebook chats, Twitter direct messages, and similar online communications -- meaning that they can be perused without obtaining a search warrant signed by a judge. That places the IRS at odds with a growing sentiment among many judges and legislators who believe that Americans'...
  • Feds execute search warrants at Calif. solar firm

    09/08/2011 9:05:54 AM PDT · by Nachum · 24 replies
    Breitbart ^ | 9/8/11 | ap
    <p>FREMONT, Calif. (AP) - FBI agents executed search warrants on Thursday at the headquarters of California solar firm Solyndra, which received a $535 million loan from the federal government before filing for bankruptcy last week.</p> <p>Agents executed multiple search warrants at the company's headquarters in Fremont as part of an investigation with the Department of Energy's Office of Inspector General, according to FBI spokesman Peter Lee. Lee said he could not provide details about the investigation.</p>
  • City Government demands all keys to properties belonging to Cedar Falls residents.

    06/12/2011 12:08:09 PM PDT · by heart1776 · 80 replies
    YouTube ^ | June 7, 2011 | Crushingbastards
    The Cedar Falls, Iowa city council voted to take the keys of residents to enter their businesses and some residential properties for the sake of "security." This is clearly government in over-reach mode and is unconstitutional. The next meeting is set for June 13th.
  • Warrants Let Agents Enter Homes Without Owner Knowing

    05/17/2011 5:40:01 PM PDT · by PhilosopherStone1000 · 36 replies
    ALBUQUERQUE, N.M. -- A special type of government search warrant that allows authorities to search homes without informing the owner for months is becoming more common, Target 7 has learned. /snip The number of delayed-notice search warrants spiked nationally from nearly 700 in fiscal year 2007 to close to 2,000 in 2009.
  • SCOTUS Okays Warrantless Search of Apartment that Smells of Dope

    05/17/2011 11:20:57 AM PDT · by AtlasStalled · 72 replies
    In an 8-1 ruling, the Supreme Court today ruled that Kentucky police were okay to kick in the door of an apartment that smelled of pot and was suspected of harboring a drug suspect. The police did not have a warrant to enter the apartment, and it turns out the suspect who they were chasing was not in the apartment. * * * The Kentucky Supreme Court held that the search was illegal. But the Supremes reversed, holding that the police could enter the apartment without a warrant, because after they knocked on the door and announced their presence they...
  • 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...
  • Police get secret search powers and you won't even know[Australia]

    03/04/2009 12:46:45 PM PST · by BGHater · 6 replies · 364+ views
    Courier Mail ^ | 04 Mar 2009 | Courier Mail
    NEW South Wales Police are to be given covert search warrants, allowing them to search a property without informing the owners for up to three years. The warrants will be issued through the Supreme Court and limited to investigations of suspected serious offences punishable by at least seven years jail. These offences include the manufacture of drugs, computer crimes, the sale of firearms, homicide and kidnapping. Premier Nathan Rees said NSW would be the first jurisdiction in Australia to adopt the covert search warrants, and would be borrowing from Commonwealth anti-terrorism legislation. "If you are a serious criminal in NSW...
  • OKC officer pulls man over for anti-Obama sign on vehicle

    02/19/2009 7:25:45 AM PST · by peggybac · 362 replies · 15,470+ views
    NewsOK ^ | 2/19/09
    An Oklahoma City police officer wrongly pulled over a man last week and confiscated an anti-President Barack Obama sign the man had on his vehicle. The officer misinterpreted the sign as threatening, said Capt. Steve McCool, of the Oklahoma City Police Department, and took the sign, which read "Abort Obama, not the unborn." Chip Harrison said he was driving to work when a police car followed him for several miles and then signaled for him to pull over. ''I pulled over, knowing I hadn't done anything wrong," Harrison said in a recent phone interview. When the officer asked Harrison if...
  • Local GPS case might set precedent, expert says[PA][Probable cause & search warrants to use GPS]

    10/21/2008 10:06:02 AM PDT · by BGHater · 32 replies · 1,392+ views
    Tribune-Review ^ | 20 Oct 2008 | Jill King Greenwood
    A federal court case in Pittsburgh could reach the U.S. Supreme Court for a "groundbreaking" decision about whether police officers need probable cause and search warrants to use GPS technology when tracking suspects, a local expert in constitutional law said. Across the country, detectives are using the sometimes-controversial technology to investigate cases. But Pennsylvania law doesn't clearly dictate rules, said University of Pittsburgh School of Law professor John Burkoff, author of the "Search Warrant Law Deskbook." "The law isn't entirely clear," Burkoff said. "There are many areas open to challenge, and to be safe, the best bet would be for...
  • Why do cops wear Masks while serving warrents?

    08/11/2008 7:48:29 AM PDT · by Robbin · 118 replies · 327+ views
    today | Self
    I saw the local police are angry about the swat team going into the Mayors house. Not only are they Friends of the mayor, the local Police Chief said that if one of his guys had been driving by when 5 heavily armed men in plain clothes and masks were kicking in the Mayor’s front door, they would have been fired on them thinking they were terrorists attacking the mayor’s home. Besides the shooting of dogs for no reason, which is bad enough, why do they have masks over their faces? Bad guys were masks so they can’t be identified...
  • Ex-pastor pleads to 9 counts of voyeurism

    07/12/2008 8:38:19 PM PDT · by Coleus · 32 replies · 199+ views
    bradenton herald ^ | 07.12.08 | NATALIE NEYSA ALUND
    A former youth pastor accused of secretly taping Bible study students changing clothes in his Ellenton home has pleaded no contest to nine counts of voyeurism. Matthew C. Porter, 31, of Ellenton, is scheduled be sentenced on the misdemeanor charges at the Manatee County Judicial Center on Aug. 21. He faces up to nine years in prison if sentenced consecutively on the charges, Assistant State Attorney Erica Arend said Friday. The maximum sentence for misdemeanor voyeurism is one year in jail. Porter resigned from Bethel Baptist Church after admitting he secretly videotaped his students ages 12-16, according to the Manatee...
  • Police to search for guns in homes

    11/17/2007 5:41:02 AM PST · by stevie_d_64 · 118 replies · 143+ views
    The Boston Globe ^ | November 17, 2007 | Maria Cramer
    Boston police are launching a program that will call upon parents in high-crime neighborhoods to allow detectives into their homes, without a warrant, to search for guns in their children's bedrooms. more stories like this Witness intimidation ruling upheld Trooper says police halted his gigs as DJ Police chief pledges probe 26 arrested after Red Sox win pennant Fans celebrate Sox' World Series berth The program, which is already raising questions about civil liberties, is based on the premise that parents are so fearful of gun violence and the possibility that their own teenagers will be caught up in it...
  • Attorney says stopping pedophile will be tricky

    08/25/2007 5:06:12 PM PDT · by Tolerance Sucks Rocks · 24 replies · 846+ views
    One News Now ^ | August 24, 2007 | Ed Thomas
    Former "blogging pedophile" Jack McClellan has been released from jail, following his arrest last week for violating a restraining order in California. His release follows the prediction of observers in law enforcement, child advocacy, and the judicial system who think it will be difficult to take effective or even constitutional steps against McClellan to protect children. The 45-year-old self-professed pedophile was arrested August 13 for violating a three-year restraining order that required him to stay 30 feet away from all children. He was being held in jail with a $150,000 bail bond. But according to Associated Press, he was released...
  • LA Gun Task Force Serves another Search Warrant

    09/24/2006 9:09:43 PM PDT · by freepatriot32 · 80 replies · 2,656+ views ^ | 9 24 06 | John Burtt
    The LA County Gun Task Force has served another search warrant on the home of another member of the fifty caliber community. On Monday September 18th, eighteen police cars swarmed the neighborhood where the FCSA member lives and served a search warrant signed by Judge Steven Kleifield of the LA County Superior Court. The officers were at the residence for several hours and confiscated all semi-automatic firearms belonging to the victim. The probable cause for issuing the search warrant was not available in the body of the affidavit so the reason for the search is unknown at this time. It...
  • You Have To Wonder

    05/31/2006 12:50:25 PM PDT · by Dr.Syn · 17 replies · 606+ views ^ | May 31, 2006 | Dan Sargis
       You Have To Wonder June 1, 2006 In 1994 current Speaker of the House Dennis Hastert signed the Contract With 2007, he destroyed it. You have to wonder what kind of a person wins the trust of the American electorate by signing a Contract “to restore the bonds of trust between the people and their elected representatives” and then heads in the opposite direction. Pledging “To restore accountability to Congress. To end its cycle of scandal and disgrace. To make us all proud again of the way free people govern themselves” Hastert promised to “FIRST, require all laws that apply...
  • Hastert Demands FBI Return Documents

    05/24/2006 1:00:39 PM PDT · by Miss_Reagan · 214 replies · 3,099+ views
    CNSnews ~ LA Times ^ | May 24, 2006 | Laurie Kellman
    House Speaker Dennis Hastert demanded Wednesday that the FBI surrender documents it seized and remove agents involved in the weekend raid of Rep. William Jefferson's office, under what lawmakers of both parties said were unconstitutional circumstances. "We think those materials ought to be returned," Hastert said, adding that the FBI agents involved "ought to be frozen out of that (case) just for the sake of the constitutional aspects of it." The Saturday night search of Jefferson's office on Capitol Hill brought Democrats and Republicans together in rare election-year accord, with both parties protesting agency conduct they said violated the Constitution's...
  • Illegal Search and Seizures. Fourth Amendment

    02/02/2006 6:14:17 AM PST · by television is just wrong · 173 replies · 2,752+ views
    vanity...question ^ | n/a/ | n/a/
    Went into Kmart yesterday. Purchased my item. Walked to the door and a clerk wanted to go through my bag. Her position is called 'loss prevention' Is This Illegal Search and seizure??? When I have purchased something, it is paid for put in a bag, is it not considered then my personal property? Then why am I subject to having that purchase inspected upon leaving the store??? this practice is expanding. It started at Costco, many years ago, and now it is at many discount stores. Is this actually illegal search and seizure? Do I have a right to refuse...
  • Terror threat sparks Newton librarian/FBI standoff

    01/25/2006 12:05:00 PM PST · by danno3150 · 142 replies · 4,710+ views
    Boston Herald ^ | 01/25/06 | Dan Atkinson
    Newton officials are calling their refusal to allow FBI agents access to library computers without a warrant during a terrorist threat last week “their finest hour.” Law enforcement officials say it’s a “nightmare.” Police rushed to the Newton Free Library after tracing a terrorist threat e-mailed to Brandeis University to a computer at the library. But requests to examine computers Jan. 18 were rebuffed by Newton library Director Kathy Glick-Weil and Mayor David Cohen on the grounds that they did not have a warrant. Cohen, defending the library’s actions, called the legal standoff one of Newton’s “finest hours.” “We showed...
  • 'Patriot' Games

    04/12/2004 2:16:35 PM PDT · by neverdem · 2 replies · 128+ views
    National Law Journal Online ^ | 04-12-2004 | Marcia Coyle
    Washington-Congress has no plans this year to give an early renewal of key parts of the controversial USA Patriot Act. But the lawmakers could be thrust into another battle over the boundaries of executive power in the war on terrorism depending on the outcome of three cases in the U.S. Supreme Court this month. The Patriot Act contains a sunset clause that would terminate new or expanded law enforcement/intelligence powers in 14 provisions of the law as of Dec. 31, 2005. Despite the Bush administration's call to make those provisions permanent and to do it quickly, lawmakers are unlikely to...
  • Court eases rules for searches

    03/30/2004 7:08:02 PM PST · by Churchjack · 13 replies · 223+ views
    Dallas Morning News | 3/30/2004 | AP
    NEW ORLEANS- A federal appeals court has opened the door for police officers in three states to search homes and buildings for evidence without a warrant - a ruling that two dissenting judges called "the road to hell." Acting on a Baton Rouge case, the 5th U.S. Circuit Court of Appeals ruled that police do not need an arrest or search warrant to conduct a swift sweep of private property to ensure their safety. Any evidence discovered during that search is admissable in court as long as the search is a "cursory inspection," and if police entered the site for...
  • Search Warrants Issued in Missing Family Case

    02/28/2004 7:57:21 AM PST · by nuconvert · 9 replies · 165+ views
    AP ^ | Feb. 28, 2004
    <p>JACKSON, Miss. — The Mississippi Department of Public Safety (search) and the FBI (search) were preparing Saturday morning to search locations in Smith County as investigators appear to be focusing in on a suspect in the disappearance of a Yazoo County family.</p>
  • Need for a search warrant trips social workers [Gestapo tactics of Ohio social workers smacked down

    02/20/2003 9:28:05 AM PST · by Middle Man · 27 replies · 391+ views
    Alliance Defense Fund ^ | Feb. 5, 2003 | Richard K. Jefferson
    Need for a search warrant trips social workers Ohio authorities not aware of Fourth Amendment protections Erie County, OH – A home schooling family has settled its case against Erie County social workers and Vermilion police for the coerced entry into the family’s home on Feb. 21, 2001. “Courts have settled this key issue in other jurisdictions, and now it’s settled in this jurisdiction. Social workers cannot enter a home, willy-nilly, without a warrant,” said Gary McCaleb, an attorney with the Alliance Defense Fund, the national legal organization based in Scottsdale, Arizona, that supported the case. Paul and Linda Walsh...
  • Many Americans worried about rights amid war on terror: poll

    09/17/2002 9:13:07 AM PDT · by ppaul · 203+ views
    Agence France Presse ^ | 9/17/02 | staff
    WASHINGTON, Sept 17 (AFP) - Nearly half of all Americans are concerned the United States will give up too many rights and freedoms as it steps up its war on terror, according to a new opinion survey made public Tuesday. The survey, commissioned by the National Constitution Center, showed that 49 percent of respondents were worried the government would abandon too many civil liberties out of fears of terrorism. However, 40 percent said they were concerned that terrorists would take advantage of the rights and freedoms granted by the US Constitution to do the country harm. The poll reveals...