Keyword: searchwarrant
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A federal judge in New York has ordered the public release of the search warrant that FBI agents used to reopen their investigation of Hillary Clinton's use of a private email server just weeks before the presidential election. U.S. District Judge P. Kevin Castel ruled Monday that the public had a right to see the warrant, which was secretly filed with the court on Oct. 20. Trump's Cabinet Picks In Their Own Words Agents used the warrant to get access to emails stored on a computer belonging to Anthony Weiner, the estranged husband of top Clinton aide Huma Abedin. The...
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Employees of an Indiana voter mobilization group with deep ties to the Democratic Party submitted several hundred voter registrations that included false, incomplete or fraudulent information, according to a search warrant unsealed Monday.
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In what’s believed to be an unprecedented attempt to bypass the security of Apple iPhones, or any smartphone that uses fingerprints to unlock, California’s top cops asked to enter a residence and force anyone inside to use their biometric information to open their mobile devices. FORBES found a court filing, dated May 9 2016, in which the Department of Justice sought to search a Lancaster, California, property. But there was a more remarkable aspect of the search, as pointed out in the memorandum: “authorization to depress the fingerprints and thumbprints of every person who is located at the SUBJECT PREMISES...
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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...
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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...
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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...
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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,...
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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...
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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.
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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:
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(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...
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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.
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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...
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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...
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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...
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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,"...
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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.
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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...
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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'...
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<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>
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