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Keyword: warrant

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  • Weaponized Drones For Law Enforcement Now Legal In North Dakota

    09/01/2015 4:44:59 PM PDT · by Theoria · 24 replies
    Forbes ^ | 26 Aug 2015 | Gregory Ferenstein
     Drones can now legally fight criminals in the United States with non-lethal weapons thanks to a recently amended bill in North Dakota. The law’s author, Representative Rick Becker, originally wanted to require police to secure a warrant for drone surveillance.But, then local law enforcement managed to sneak in the right to equip drones with tasers or rubber bullets by amending the original prohibition against lethal and non-lethal force to just limiting lethal weapons. Becker worries that this new franken-bill will have dramatic unintended consequences.“I think it’s important to maintain the humanity in making decisions to deploy weapons against another individual,” he...
  • Trooper fatally shoots suspect while delivering warrant in Reading

    02/13/2015 8:16:46 AM PST · by RBW in PA · 37 replies
    Pocono Record ^ | February 13, 2015 | N/A
    READING, Pa. — Pennsylvania State Police say a trooper fatally shot a man while serving an arrest warrant at a Reading row home. Police say the man resisted arrest before the trooper opened fire about 4 a.m. Friday. A neighbor tells the Reading Eagle he saw police in SWAT gear and heard shouting, a loud explosion and five or six gunshots. The trooper is a member of the state police's Special Emergency Response Team. The unit had been called in to assist Berks County detectives in serving the warrant. Police say the warrant was for the man who was shot....
  • The Limits of Police Subterfuge

    12/19/2014 10:18:09 AM PST · by Theoria · 3 replies
    Schneier on Security ^ | 17 Dec 2014 | Bruce Schneier
    "The next time you call for assistance because the Internet service in your home is not working, the 'technician' who comes to your door may actually be an undercover government agent. He will have secretly disconnected the service, knowing that you will naturally call for help and -- ­when he shows up at your door, impersonating a technician­ -- let him in. He will walk through each room of your house, claiming to diagnose the problem. Actually, he will be videotaping everything (and everyone) inside. He will have no reason to suspect you have broken the law, much less probable...
  • Defense says FBI posed as repairmen to get into Las Vegas hotel villa

    10/29/2014 10:40:11 AM PDT · by Theoria · 13 replies
    AP ^ | 29 Oct 2014 | Alicia A. Caldwell
    Federal agents turned off Internet access to three luxury villas at Caesars Palace then impersonated repair technicians to surreptitiously get inside and collect evidence in an investigation of online sports betting, according to defense lawyers challenging the practice. The FBI employed the ruse against the recommendation of an assistant U.S. attorney, Kimberly Frayn, according to lawyers for four of eight men charged in the case. They filed a motion late Tuesday in federal court in Las Vegas to dismiss evidence in the case. According to a conversation recorded by an investigator for the hotel, the prosecutor told FBI agents "it...
  • Nashville Police Chief: Secret Service Tried to Fool Armed Homeowner with Fake Search Warrant

    10/16/2014 1:09:31 PM PDT · by marktwain · 56 replies
    The Truth About Guns ^ | 16 October, 2014 | Robert Farago
    Nashville Police Chief: Secret Service Tried to Fool Armed Homeowner with Fake Search Warrant By Robert Farago on October 16, 2014 “Nashville Police Chief Steve Anderson recently sent a letter to Congress alleging that Secret Service agents asked Nashville police to falsify a warrant so that the agents could search the home of a Nashville resident who had posted about President Obama on Facebook,” reports. More specifically, “in January of 2013, Secret Service agents working out of the Nashville field office visited the home of the resident who made the Facebook postings and knocked on his door. Then, an...
  • Cops Back Off From Plan to Photograph Boy's Erection

    07/11/2014 2:49:25 AM PDT · by Enterprise · 51 replies
    Newser ^ | July 11, 2014 | Rob Quinn
    Sanity appears to have prevailed in Manassas, Virginia, where authorities had planned to chemically induce an erection in a 17-year-old boy accused of making child pornography of himself by sending explicit photos to his 15-year-old girlfriend. The aunt says she's glad police are dropping the plan, but she won't be satisfied until they drop what she says are overblown felony charges of manufacture and possession of child pornography.
  • ‘Get a Warrant’: Judicial Engagement Results In Huge Win For Digital Privacy

    06/27/2014 11:31:15 AM PDT · by Hugin · 6 replies
    Daily Caller ^ | 5:28 PM 06/25/2014 | Evan Bernick
    Can cops simply take your cell phone and browse through it to their hearts’ content after they arrest you? Today, in Riley v. California, a unanimous Supreme Court answered that question with a resounding “no.” It’s not only a victory for digital privacy, but an example of the kind of judicial engagement that we desperately need to protect our liberties from unreasonable government interference. In Riley, the Court addressed the question of whether the Fourth Amendment’s warrant requirement applies to cell phone searches. In two separate cases, individuals were arrested and searched by police. The police took their cell phones...
  • 7th Circuit upholds warrantless entry, seizure of gun rights activist

    05/14/2014 9:55:15 AM PDT · by aimhigh · 40 replies
    Journal Sentinel ^ | 05/13/2014 | Bruce Vielmetti
    Milwaukee police who forced their way into a gun rights advocate's home without a warrant, took her for an emergency mental evaluation and seized her gun were justified under the circumstances and protected from her civil rights claims, a federal appeals court has ruled. "The intrusions upon Sutterfield's privacy were profound," Judge Ilana Rovner wrote for three-judge panel. "At the core of the privacy protected by the Fourth Amendment is the right to be let alone in one's home." But the court also found, that on the other hand, "There is no suggestion that (police) acted for any reason other...
  • 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...
  • Confirmed: Americans Searched Without Warrants

    04/02/2014 8:03:40 AM PDT · by xzins · 21 replies
    CBN ^ | April 02, 2014 | CBN
    The National Security Agency has searched the communications of American citizens without obtaining warrants, the administration's top intelligence official confirmed this week. James Clapper, director of National Intelligence, confirmed the practice in a letter to Congress Tuesday. He didn't say when or how often the searches took place. The NSA gathers the communications of ordinary Americans, but it had not been clear if those records had been searched. "Senior officials have sometimes suggested that government agencies do not deliberately read Americans' emails, monitor their online activity or listen to their phone calls without a warrant," Sens. Ron Wyden, D-Ore., and...
  • Probable Cause

    03/27/2014 6:28:36 AM PDT · by Kaslin · 4 replies ^ | March 27, 2014 | Judge Andrew Napolitano
    Except for the definition and mechanism of proving treason, no area of the Constitution addressing the rights of all persons when the government is pursuing them is more specific than the Fourth Amendment. The linchpin of that specificity is the requirement that the government demonstrate probable cause to a judge as a precondition to the judge issuing a search warrant. The other specific requirement is identity: The government must identify whose property it wishes to search or whose behavior it wishes to monitor, because the Fourth Amendment requires that all warrants specifically describe the place to be searched or the...
  • Warrant application shows Ares Armor referenced in wider investigation

    03/16/2014 11:29:03 PM PDT · by Nachum · 14 replies
    The Examiner ^ | 3/16/14 | David Codrea
    Southern California gun parts and accessory dealer Ares Armor continues to inform customers and supporters as to the status of its operations following yesterday’s raid by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Ares Chief Operations Officer Jeremy Tuma posted an update Saturday evening to his Instagram account where he first posted the news yesterday afternoon that “ATF is currently executing search warrants on all of our locations.” “We will be burning the midnight oil to assure we are fully operational by morning and that business goes on as uninterrupted as possible,” Tuma stated in last night’s message. Per...
  • 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...
  • Horror: Police force man to undergo invasive anal operation

    11/05/2013 12:52:27 PM PST · by servo1969 · 124 replies
    The Daily Caller ^ | 11-5-2013 | Robby Soave
    When New Mexico police stopped a local driver for committing a minor moving violation, they decided to check whether he was carrying drugs in his anus. So they procured a warrant, drove him to two different hospitals, forced him to endure eight medical procedures — including an invasive colonoscopy — and stuck him with the bill. No drugs were found. According to medical records, police reports and a federal lawsuit obtained by KOB-TV, police held Eckert until they were able to procure a warrant from a judge to search the man’s anal cavity. They then drove him to a nearby...
  • 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,"...
  • Unknown Republican Blocks Bill That Will Require Search Warrant Before Police Access Emails

    08/04/2013 11:05:23 AM PDT · by Nachum · 49 replies
    Gateway Pundit ^ | 8/4/13 | Jim Hoft
    An unknown Republican Senator is blocking a bill that will require police to obtain a search warrant before accessing emails and online messages. The Hill reported: An anonymous Republican senator has delayed a vote on legislation that would require police to obtain a warrant before accessing emails and other online messages. Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) pushed for a vote on the bill before Congress left for its August recess. He secured unanimous support from Democrats, but at least one Republican objected to the bill, according to a Democratic Senate aide. Leahy had hoped to fast-track the bill...
  • Government can grab cell phone location records without warrant, appeals court says

    07/31/2013 8:20:53 AM PDT · by Whenifhow · 37 replies ^ | July 30, 2013 | Michael Isikoff
    In a major victory for the Justice Department over privacy advocates, a federal appeals court ruled Tuesday that government agencies can collect records showing the location of an individual's cell phone without obtaining a warrant. The 2-1 ruling by the 5th Circuit Court of Appeals in New Orleans upheld the Justice Department's argument that "historical" records showing the location of cell phones, gleaned from cell site location towers, are not protected by the Fourth Amendment. A key basis for the ruling: The use of cell phones is "entirely voluntarily" and therefore individuals who use them have forfeited the right to...
  • Police issue arrest warrant for Ric Flair’s ex-wife

    07/15/2013 3:43:52 AM PDT · by Gamecock · 10 replies
    The State ^ | July 14, 2013 | Cleve Wootson
    Police in Mecklenburg County have issued an arrest warrant for Ric Flair’s ex-wife. Jacqueline Baines Beems was wanted for allegedly making a harassing phone call, according to the Mecklenburg Sheriff’s Office. According to the celebrity website, the warrant stems from a series of harassing phone calls Beems allegedly made in October to Flair’s girlfriend, Wendy Barlow Kidder. Kidder recently appeared with Flair on Celebrity Wife Swap. Flair and Beems were also involved in an altercation at the couple’s SouthPark condo in June 2012, when they were still married. According to a Charlotte-Mecklenburg Police Department report, Beems assaulted the former...
  • NSA procedures allow the government to use data 'inadvertently' collected without a warrant

    06/21/2013 5:54:48 AM PDT · by SeekAndFind · 17 replies
    American Thinker ^ | 06/21/2013 | Rick Moran
    Two things of note in this exclusive by the Guardian newspaper on the procedures followed by the NSA in collecting data from "non-US persons" as well as the accidental collection of communications from US citizens. First, as leaker Snowden observed, what's in these documents is "policy" not necessarily "practice." In other words, there are technical work arounds that analysts can use to examine your communications without a warrant. Snowden says it happens all the time despite the safeguards. Secondly, it is frightening to see the court charged with protecting American's privacy, accede to NSA requests to use data despite it...
  • Slaton police arrest woman after request to see warrant

    06/18/2013 4:12:04 AM PDT · by marktwain · 101 replies ^ | 12 June, 2013 | Bailey Miller
    Slaton police came to this woman's house, who wishes to remain anonymous, to arrest her son. But by asking one simple question, she found herself behind bars instead. "I told him, 'I will release my son to you upon viewing those orders.' Those were exactly my words," The complainant said. "He said, 'This is how you want to play?' He took two steps back, turned around to the officer and said, 'Take her.' They turned me around, handcuffed me, and took me in." The complainant said she was aware police would be coming to apprehend her 11-year-old son based on...
  • Revealed: Holder personally vetted Rosen warrant, DOJ fought for prolonged secret monitoring....

    05/24/2013 2:51:35 PM PDT · by Ernest_at_the_Beach · 14 replies
    Hot Air ^ | 4:40 pm on May 24, 2013 | Allahpundit
    It’s 4 p.m. ET as I’m writing this. If you had that time plus “deeper complicity for Holder in the Rosen investigation” in the pool, congrats.We already knew that he signed the warrant for Rosen’s e-mails. Now we know for sure that it wasn’t pro forma. President Good Government announced yesterday that he’s ordered the Attorney General to review the DOJ’s guidelines for snooping on reporters. Imagine how dismayed Eric Holder will be when he finds out what Eric Holder’s done. The Justice Department said on Friday that officials up to Attorney General Eric Holder vetted a decision to search...
  • BREAKING: DOJ Confirms Holder Personally "Vetted" Rosen Warrant

    05/24/2013 2:51:41 PM PDT · by Nachum · 90 replies
    Town Hall ^ | 5/24/13 | Guy Benson
    A damaging Friday news dump before a holiday weekend? Who could have seen that coming? Dump away, Justice Department: The Justice Department said on Friday that officials up to Attorney General Eric Holder vetted a decision to search an email account belonging to a Fox News reporter whose report on North Korea prompted a leak investigation. In a statement emailed to Reuters, the department said the search warrant for the reporter's email account followed all laws and policies and won the independent approval of a federal magistrate judge. We're apparently supposed to feel better about everything because the DOJ "followed...
  • 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...
  • DOJ Emails Show Feds Were Less Than "Explicit" With Judges On Cell Phone Tracking Tool

    03/29/2013 10:31:12 AM PDT · by Theoria · 4 replies
    ACLU ^ | 27 Mar 2013 | Linda Lye
    A Justice Department document obtained by the ACLU of Northern California shows that federal investigators were routinely using a sophisticated cell phone tracking tool known as a "stingray," but hiding that fact from federal magistrate judges when asking for permission to do so. Stingrays and similar devices essentially impersonate cell phone towers, allowing them to pinpoint the precise location of targeted cell phones (even inside people's homes) and intercept conversations. They also sweep up the data of innocent people who happen to be nearby. By withholding information about this technology from courts in applications for electronic surveillance orders, the federal...
  • 13,753 Gov’t Requests for Google E-Mail Data in 2012, Most Without a Warrant

    02/22/2013 1:05:01 PM PST · by Olog-hai · 5 replies
    Cybercast News Service ^ | February 22, 2013 | Matt Cover
    American government agencies—state, local, and federal—made a record 13,753 requests to read emails or gather other information sent through Google’s Gmail and other services in 2012, more than half without warrants, according to statistics released by Google. The total number of users about whom government agencies wanted information also set a record at 31,072, up from 23,300 in 2011, the first year Google began reporting the data. The discrepancy comes because government agencies request information on multiple users or accounts at the same time. … Google keep records of all email and other communication sent through its e-mail, telephone, YouTube,...
  • Can Police Force Drunken Driving Suspects To Take Blood Test?

    01/09/2013 10:39:07 AM PST · by Theoria · 65 replies
    NPR ^ | 09 Jan 2013 | Nina Totenberg
    The U.S. Supreme Court hears arguments Wednesday in a case testing whether police must get a warrant before forcing a drunken driving suspect to have his blood drawn. The court has long held that search warrants are ordinarily required when government officials order intrusions into the body — intrusions like drawing blood from an unwilling individual. The court has reasoned that such intrusions amount to a bodily search and thus are covered by the Fourth Amendment's warrant requirement. But the court has also ruled that there are exceptions to that requirement in what are called exigent situations — emergencies. And...
  • ACLU: Warrantless electronic surveillance surges under Obama

    10/01/2012 2:31:41 PM PDT · by Theoria · 14 replies
    Digitial Journal ^ | 29 Sept 2012 | John Thomas Didymus
    The ACLU has released documents that show that in the last two years the US Department of Justice has conducted more warrantless electronic surveillance, involving spying on telephones, email and Facebook accounts, than in the preceding decade. The American Civil Liberties and Union (ACLU) reports that the documents handed over after months of litigation include the attorney general’s 2010 and 2011 reports covering use of “pen register” and “trap and trace” surveillance powers. The documents, according to the ACLU, shows a sharp increase in the use of surveillance tools such as telephone, email, and other Internet communications. The ACLU observed...
  • Indiana Law: Citizens Now Allowed to Shoot Law Enforcement During Unlawful Entry

    08/06/2012 9:26:31 AM PDT · by QT3.14 · 94 replies
    The Intell Hub ^ | July 10, 2012 | Shepard Ambellas
    A new law in Indiana authorizes the general public to use deadly force against public servants (including law enforcement officers) who unlawfully enter private property. The measure, approved by Gov. Mitch Daniels in March, (who himself is a Bilderberg member, making the situation even more interesting) is a real game changer as the script has been flipped on the police when it comes to deadly force.
  • Justice Dept. Wants to Track All Cellphones Without a Warrant

    05/11/2012 5:19:24 AM PDT · by Mikey_1962 · 22 replies
    New American ^ | 5-11-12 | Bob Adelmann
    In its relentless never-ending quest for more power to track and follow American citizens through their cellphones, the Department of Justice (DoJ) requested last week that Congress give them easier access to location data stored by cellphone service providers. Jason Weinstein, a deputy assistant attorney general in the Department of Justice’s criminal division, argued that requiring a search warrant to gain such access would “cripple” his department’s efforts to investigate crime and criminals. Said Weinstein, There is really no fairness and no justice when the law applies differently to different people depending on which courthouse you’re sitting in. For that...
  • High court: warrant needed for GPS tracking

    01/23/2012 11:27:29 AM PST · by neverdem · 13 replies
    AP ^ | January 23, 2012 | NA
    The Supreme Court ruled unanimously Monday that police must get a search warrant before using GPS technology to track criminal suspects. The decision was a defeat for the government and police agencies, and it raises the possibility of serious complications for law enforcement nationwide, which increasingly relies on high tech surveillance of suspects, including the use of various types of GPS technology. --snip-- "The use of longer term GPS monitoring in investigations of most offenses impinges on expectations of privacy," Alito wrote in an opinion joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan. Sotomayor in her concurring...
  • 'Stingray' Phone Tracker Fuels Constitutional Clash

    09/22/2011 8:21:28 AM PDT · by Palter · 44 replies
    For more than a year, federal authorities pursued a man they called simply "the Hacker." Only after using a little known cellphone-tracking device—a stingray—were they able to zero in on a California home and make the arrest. Stingrays are designed to locate a mobile phone even when it's not being used to make a call. The Federal Bureau of Investigation considers the devices to be so critical that it has a policy of deleting the data gathered in their use, mainly to keep suspects in the dark about their capabilities, an FBI official told The Wall Street Journal in response...

    09/08/2011 9:50:24 AM PDT · by KeyLargo · 29 replies
    News Herald ^ | Sep 7, 2011
    FEDS CONVERGE ON HOME Agency declines to release details on search of Maverick Drive residence By JACKIE LEATHERMAN Wednesday, September 7, 2011 11:57 PM MST Federal agents searched a Lake Havasu City home Wednesday but released no details as to why. Neighbors reported watching at least nine unmarked vehicles arrive at 3005 Maverick Dr. around 6 a.m. There was one Lake Havasu City police cruiser on scene. The unmarked cars, trucks and SUVs had Arizona, Utah or Nevada license plates. Many of them were still at the home by 4:30 p.m. Today’s News-Herald witnessed federal agents wearing ICE uniforms entering...
  • Warrant Singer Jani Lane Dead At 47

    08/12/2011 7:36:30 AM PDT · by Red Badger · 45 replies ^ | Aug 12 2011 9:49 AM EDT | By Gil Kaufman
    Former hair-metal frontman was best known for hit 'Cherry Pie.' Jani Lane, the golden-haired former lead singer of 1980s hair-metal band Warrant, was found dead on Thursday in a hotel room in Woodland Hills, California. According to The Hollywood Reporter, police found the body of Lane (born John Kennedy Oswald), 47, at a Comfort Inn, with no cause of death available at press time. Lane was best known for the Warrant hit "Cherry Pie," which he wrote and which featured a guitar solo by Poison's C.C. DeVille. The double entendre-filled video for the song — packed, of course, with a...
  • Former Warrant lead singer Jani Lane dies at 47

    08/12/2011 12:14:36 AM PDT · by Lazlo in PA · 27 replies ^ | 08-12-11 | AP Wire
    Los Angeles - Jani Lane, the former lead singer of the metal rock band Warrant, has died in Los Angeles. He was 47. Officer Sara Faden says Lane's body was found Thursday in a Woodland Hills hotel. She had no immediate information on the cause or circumstances of his death. With his long blond hair and tight leather outfits, Lane embodied the excess of 1980s metal rock bands. He joined Warrant in 1984 and wrote such hits as "Heaven," "Down Boys" and "Cherry Pie." He had an on-and-off relationship with the band, leaving it in 1992 before returning and quitting...
  • Warrant Singer Jani Lane Found Dead At 47

    08/11/2011 9:40:11 PM PDT · by mnehring · 53 replies
    TMZ is reporting that rocker Jani Lane, former singer of the band Warrant, was found dead this evening at a hotel in Los Angeles. He was 47. The singer’s body was reportedly discovered at the Comfort Inn hotel in Woodland Hills, CA. So far, no official cause of death has been released or any further details about Lane’s recent activities. Lane was born John Kennedy Oswald in Akron, Ohio on February 1, 1964. The blond long-haired singer began fronting the hair metal band Warrant in 1986 and wrote some of their biggest hits, like 1990′s “Cherry Pie,” as well as...
  • Man arrested for popping zits at burger joint, police say

    08/11/2011 4:10:23 PM PDT · by Tolerance Sucks Rocks · 30 replies
    MSNBC ^ | August 11, 2011 | John P. Wise
    A Florida man was arrested for popping zits on his back at a McDonald's restaurant, according to a report. Owen Lemire Kato of Port Charlotte stood in front of one of the entrances and repulsed customers by squeezing the pimples for more than 10 minutes, the police report cited by said. Kato, 23, gave a fake name to an off-duty officer who tried to intervene, then gave his real name before bolting out of the restaurant, reported. Another officer in the area heard the call go out, spotted Kato and tackled him after a brief chase on foot,...
  • Cert. grant in Millender v. LA: Qualified immunity for an unconstitutional general warrant (guns)

    07/13/2011 5:42:06 AM PDT · by marktwain · 8 replies ^ | 10 July, 2011 | David Kopel
    The Supreme Court recently granted certiorari in Millender v. Los Angeles. Here are the background facts: Bowen shoots at his ex-girlfriend with a sawed-off shotgun. The police obtain a search warrant for the home of Bowen’s 73-year-old former foster mother. The warrant application does not disclose that Bowen last lived with his foster mother 15 years ago. (The girlfriend suggested to the police that Bowen might be hiding there.) The warrant authorizes the seizure of all firearms on the premises, not merely the particular gun which had been used in the crime against the girlfriend. The police executed a 5...
  • New Patriot Act Controversy: Is Washington Collecting Your Cell-Phone Data?

    07/02/2011 3:10:52 PM PDT · by Palter · 23 replies
    Time ^ | 24 June 2011 | Mark Benjamin
    The U.S. Senate Intelligence Committee is weighing fresh concerns about the sweeping nature of domestic spying using one controversial section of the Patriot Act. This particular part of that law is notable because it has been divisive for years — and because during those years President Obama has quietly moved from being a Senator skeptical of the provisions to being an enthusiastic spy chief whose Administration embraces them. Last Tuesday the committee met to consider the worries of some members, mostly Democrats, who say the Justice Department has drafted a breathtakingly broad interpretation of Section 215 of the Patriot Act....
  • Unlawful Police Entry Ruling Could Be Reconsidered (Indiana)

    06/10/2011 8:01:14 AM PDT · by Abathar · 42 replies ^ | 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...
  • Common Misreadings of Kentucky v. King(Police and warrants)

    05/31/2011 8:10:13 AM PDT · by marktwain · 11 replies
    The Volokh Conspiracy ^ | 19 May, 2011 | Orin Kerr
    Linda Greenhouse has a post up about the recent decision in Kentucky v. King that I fear misreads the case in the course of criticizing it. I’ve seen the same apparent misreading elsewhere from some pretty sophisticated and credentialed sources. I wanted to say a bit about why I think Greenhouse and others are misreading the case and why I think the case is much narrower than many seem to think. First, some background. The Supreme Court has long recognized that the police can make warrantless searches and seizures when justified by some emergency — so-called “exigent circumstances.” The basic...
  • Two privacy rulings hit us right where we live

    05/31/2011 6:53:40 AM PDT · by marktwain · 50 replies ^ | 30 May, 2011 | JACOB SULLUM
    A few years ago, two police officers were chasing a crack dealer at a Lexington, Ky., apartment complex when they lost sight of him as he ducked into one of two units at the end of a breezeway. Detecting “a very strong odor of burnt marijuana” coming from the apartment on the left, they figured that must be the one, so they banged on the door and shouted, “Police!” Hearing “the sound of persons moving,” the officers later reported, they feared evidence was being destroyed, so they kicked in the door. It turned out to be the wrong apartment, but...
  • 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.
  • 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...
  • Interpol Issues Arrest Warrant for WikiLeaks Founder Julian Assange

    11/30/2010 5:15:31 PM PST · by Nachum · 8 replies · 1+ views
    Interpol has issued an arrest warrant for WikiLeaks founder Julian Assange on sex charges. The Australian is suspected of rape, sexual molestation and unlawful coercion in an investigation that stems from his encounters with two women during a visit to Sweden in August. Assange has denied the allegations and insisted his sexual relations with the women were consensual. A veteran computer hacker, Assange founded WikiLeaks in 2006. It has published almost 500,000 secret U.S. documents about the wars in Afghanistan and Iraq. Court documents filed by the prosecutor show Assange is suspected
  • Sweden to issue int'l warrant for Assange

    11/18/2010 8:00:12 AM PST · by nuconvert · 7 replies · 1+ views
    STOCKHOLM – Swedish prosecutors say they will seek an international arrest warrant for WikiLeaks founder Julian Assange in a rape investigation. The announcement came after a Stockholm court approved their request to detain Assange for questioning in the case, which stems from his encounters with two Swedish women in August
  • NSL Recipient Can Speak Out For First Time Since FBI Demanded Customer Records From Him

    08/12/2010 9:45:27 AM PDT · by Palter
    ACLU ^ | 10 Aug 2010 | ACLU
    FBI Partially Lifts Gag Order In ACLU Case The FBI has partially lifted a gag it imposed on American Civil Liberties Union client Nicholas Merrill in 2004 that prevented him from disclosing to anyone that he received a national security letter (NSL) demanding private customer records. Merrill, who received the NSL as the president of an Internet service provider (ISP), can now reveal his identity and speak about his experience for the first time since receiving the NSL. The ACLU and New York Civil Liberties Union filed a lawsuit challenging the NSL statute and the gag order on behalf of...
  • W.House proposal would grant FBI access to Internet activity records without court order

    07/29/2010 6:47:57 AM PDT · by combat_boots · 13 replies · 1+ views
    Citizens for Legitimate Government & WaPo ^ | July 29, 2010 | by legitgov
    Per Beck: This change of 4 words is to be voted on TODAY. W.House proposal would grant FBI access to Internet activity records without court order 29 Jul 2010 The Obama administration is seeking to make it easier for the FBI to compel companies to turn over records of an individual's Internet activity without a court order if agents deem the information relevant to a terrorism or intelligence investigation. The administration wants to add four words -- "electronic communication transactional records" -- to a list of items that the law says the FBI may demand without a judge's approval. Government...
  • White House proposal would ease FBI access to records of Internet activity

    07/29/2010 5:35:33 AM PDT · by Palter · 15 replies · 2+ views
    The Washington Post ^ | 29 July 2010 | Ellen Nakashima
    The Obama administration is seeking to make it easier for the FBI to compel companies to turn over records of an individual's Internet activity without a court order if agents deem the information relevant to a terrorism or intelligence investigation. The administration wants to add just four words -- "electronic communication transactional records" -- to a list of items that the law says the FBI may demand without a judge's approval. Government lawyers say this category of information includes the addresses to which an Internet user sends e-mail; the times and dates e-mail was sent and received; and possibly a...
  • Sheriff's deputies' disdain for Constitution captured by their own recorded comments

    07/25/2010 1:50:04 PM PDT · by Palter · 57 replies · 4+ views
    CCNA ^ | 20 July 2010 | DANIEL BLACKBURN
    When San Luis Obispo County Sheriff’s Deputy Darren Murphy responded to a “shots fired” call in April 2008, he decided en route that he was going to make an arrest.      He did far more than that. Murphy and other deputies made an unwarranted entry into a home, and then into a locked gun safe.  Murphy's uncensored, darkly disturbing observations and behavior following his Code-3 arrival at the rural home of longtime SLO County resident Matt Hart were picked up by Murphy's and other deputies’ own recorders. Those recordings provide a rare, frighteningly revealing, behind-the-scenes perspective of how one local...