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Keyword: 4thamendment

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  • Ex-Central Texas cop involved in deadly no-knock raid sentenced

    12/02/2019 2:05:12 PM PST · by bgill · 31 replies
    kwtx ^ | Dec. 2, 2019 | Brandon Hamilton
    James Scott Reed, 40, died early in the morning on Feb. 27 in an exchange of gunfire with police after Killeen officers executed a no-knock search and arrest warrant at around 6 a.m. at a duplex at 215 West Hallmark Ave. SWAT officers were met by gunfire as they entered the residence, police said. During the raid, Custance, who was indicted in June, fired into the rear of the residence and then later attempted to conceal or reload the rifle magazine in order to hide the fact he fired the rounds, investigators determined. The shots didn’t hit anyone, but firing...
  • Federal Court Rules Suspicionless Searches of Travelers’ Phones and Laptops Unconstitutional

    11/25/2019 1:31:56 PM PST · by bkopto · 56 replies
    Electronic Frontier Foundation ^ | 11/11/2019 | Sophia Cope, Adam Schwartz, Abdullah Hasan
    In a major victory for privacy rights at the border, a federal court in Boston ruled today that suspicionless searches of travelers’ electronic devices by federal agents at airports and other U.S. ports of entry are unconstitutional. The ruling came in a lawsuit, Alasaad v. McAleenan, filed by the American Civil Liberties Union (ACLU), Electronic Frontier Foundation (EFF), and ACLU of Massachusetts, on behalf of 11 travelers whose smartphones and laptops were searched without individualized suspicion at U.S. ports of entry. “This ruling significantly advances Fourth Amendment protections for millions of international travelers who enter the United States every year,”...
  • A middle finger to Red Flag laws - do they really expect us to keep all of our guns in one place?

    08/28/2019 9:20:15 AM PDT · by Enge1934 · 55 replies
    8/28/2019
    Or How I Learned to Stop Worrying and Love pvc. Sometimes you just have to admire the chutzpah of the Commie-Democratic party. They live in an insane fantasy world were unicorns leap over rainbow pride flags and we are all just one more law away from living in complete peace and harmony. The only thing is that one law keeps on changing, this time around it’s magic of confiscating guns with red flag laws. To hear them talk, all they need is the power to send in a SWAT team in at 3:00 AM on a no-knock warrant, kill everyone...
  • Red Flag Gun Laws: Connecticut Man's Firearms Seized Because His Son Shared A Meme On Facebook

    08/25/2019 9:18:08 AM PDT · by rktman · 56 replies
    wnd.com ^ | 8/23/2019 | Tyler Durden
    Due to the recent mass shootings, there is a major push for so-called “red flag” gun laws at both the state and federal levels. These laws are the latest tool for gun control advocates to confiscate guns from people based upon only tips and suspicion. No crime has to be committed to trigger an investigation or confiscation. Red flag laws violate multiple rights protected by our constitution. The Hill has an excellent article on how red flag laws violate more than the 2nd Amendment, including: What could possibly go wrong? Story at zerohedgefund.com
  • Mass Surveillance: 1 in 2 Americans Are Already In A Government Facial Recognition Database

    08/21/2019 11:02:21 PM PDT · by Windflier · 7 replies
    Activist Post ^ | August 2, 2019 | Mac Slavo
    The mass surveillance of innocent Americans continues as George Orwell’s 1984 becomes more of a reality with each passing day. “All told, we are barreling toward a future where every ritual of public life carries implicit consent to be surveilled,” writes Sidney Fussell for The Atlantic. A new report from Georgetown Law‘s Center on Privacy & Technology (CPT) suggests that Immigration and Customs Enforcement (ICE) may be using the rampant problem of illegal immigration as a type of cover to track and spy on Americans in violation of their Fourth Amendment rights. Three years ago, the center revealed that nearly...
  • Man shot and killed after breaking into tent in Stanislaus National Forest

    07/14/2019 9:59:04 AM PDT · by norcal joe · 57 replies
    SFGate ^ | July 14, 2019 | Christopher Salas
    The Tuolumne County Sheriff's Office is investigating the shooting death of a Watsonville man who broke into a couple's tent Thursday morning. The shooting happened in the Stanislaus National Forest at Deadman Campground. Police say the 36-year-old Watsonville man entered an unassociated couple's tent around 2 a.m. and the woman woke up to the Watsonville man on top of her. The woman yelled to wake her boyfriend up,and the Watsonville man was shot after a confrontation. No arrests have been made.
  • The Feds Are Dropping Child Porn Cases Instead of Revealing Info on Their Surveillance Systems

    04/25/2019 3:28:06 PM PDT · by SMGFan · 71 replies
    Reason ^ | April 24, 2019
    The Department of Justice has been dismissing child pornography cases in order to not reveal information about the software programs used as the basis for the charges. An array of cases suggest serious problems with the tech tools used by federal authorities. But the private entities who developed these tools won't submit them for independent inspection or hand over hardly any information about how they work, their error rates, or other critical information. As a result, potentially innocent people are being smeared as pedophiles and prosecuted as child porn collectors, while potentially guilty people are going free so these companies...
  • Federal appeals court says tire-chalking by parking enforcement officers is unconstitutional

    04/22/2019 7:39:27 PM PDT · by kingu · 82 replies
    Washington Post ^ | April 22 at 6:45 PM | Fred Barbash
    The age-old parking enforcement practice of tire-chalking is unconstitutional, a federal appeals court ruled Monday, saying it violated the Fourth Amendment’s bar on unreasonable searches. The U.S. Court of Appeals for the 6th Circuit, in a first-of-its-kind decision, ruled that marking a car’s tires to gather information is a form of trespass requiring a warrant, similar to police attaching a GPS to a vehicle to track a suspected drug dealer.
  • Washington Court: Refusing To Let Cops Enter Home Without Warrants Isn't Obstruction [Updated]

    04/19/2019 3:50:40 PM PDT · by Twotone · 43 replies
    Forbes ^ | April 19, 2019 | Nick Sibilla
    UPDATE: On Friday afternoon, the Washington Supreme Court issued an order that amended the lead opinion by striking out its conclusion and replacing it with the following: “ “We in the lead opinion would hold the city presented insufficient evidence to sustain [Solomon] McLemore’s conviction and remand to the trial court for further proceedings consistent with this opinion. However, we recognize this opinion has garnered only four signatures. ‘Therefore, there being no majority for the reversal of the judgment of the trial court, it necessarily stands affirmed, and the order of this court is that the judgment appealed from be...
  • Christmas bomber case appeal challenges NSA surveillance

    07/06/2016 7:39:45 PM PDT · by BenLurkin · 13 replies
    Washington Post ^ | 07/06/2016 | Kristena Hansen | AP
    Mohamud is appealing his 2013 conviction on grounds that he was entrapped by undercover federal agents posing as al-Qaida members and the warrantless surveillance of his foreign communications violated his constitutional rights. It marks the first time a federal appeals court is considering whether the National Security Agency’s foreign surveillance programs — the same ones that came under scrutiny after the Edward Snowden leaks a few years ago — violate the Fourth Amendment rights of criminal defendants. Stephen Sady, Mohamud’s public defender, and another attorney with the American Civil Liberties Union urged the court for a new trial on grounds...
  • Why we moved our servers to Iceland (outstanding!)

    03/30/2019 4:18:15 AM PDT · by vannrox · 38 replies
    simple analytics ^ | Adriaan van Rossum | 30mar19
    This is an amazing post of how an American company needed to move their operations outside of the USA in order to prove fourth amendment protections to their American clients. Read, learn and cry at what is left of our once great republic. Why we moved our servers to Iceland 30 Mar 2019 - Adriaan van Rossum - Help improve this post As the founder of Simple Analytics, I have always been mindful for the need of trust and transparency for our customers. We would like to be held accountable for our customers needs, so they can sleep in peace....
  • Dr. Rand Paul Releases Statement on Barr Nomination

    02/13/2019 8:48:03 AM PST · by RandFan · 66 replies
    Rand Paul ^ | Rand Paul
    WASHINGTON, D.C. – Tonight, U.S. Senator Rand Paul (R-KY) released the following statement after voting against cloture on the nomination of William Barr to become the next U.S. Attorney General: “I am unable to support Bill Barr’s nomination to be the next Attorney General. While I support President Trump and have supported most of his nominees, I have too many concerns about the record and views of this nominee. Bill Barr was a leading proponent of warrantless surveillance, and his overall record on the Fourth Amendment is troubling to me. I remain concerned that Bill Barr does not agree with...
  • Maryland: Cops Shoot Man to Death In His Home For Resisting Gun Confiscation

    11/07/2018 5:15:59 PM PST · by deandg99 · 117 replies
    DC Clothesline ^ | 11/07/2018 | Chris Menahan
    Police in the Democrat haven of Maryland shot and killed a man in his home on Monday while serving a “protective order” under a new law which allows them to seize people’s guns without due process. Since the new gun confiscation law went into effect on October 1st, police have carried out 114 such confiscation orders, which comes out to over 3 such seizures every day.
  • Some skeptical that tollway authority testing tracking technologies only for toll purposes

    10/05/2018 10:56:14 AM PDT · by Tolerance Sucks Rocks · 21 replies
    Illinois News Network ^ | September 11, 2018 | Greg Bishop
    A freelance automotive journalist worries a testing site operated by the Illinois Tollway Authority could be for more than just testing automated tollway technology. Paul Brian said he’s noticed a site with various sensors on northbound I-294 for years with a sign that reads “for testing purposes only.” Illinois Tollway Authority officials said the site is used for testing various sensors, but only for tollway purposes. The site, established in 2015, had an initial price tag of $2.7 million. “The Illinois Tollway has used the test site to study a range of systems – some of which were adopted and...
  • Supreme Court says warrant necessary for phone location data in win for privacy

    06/22/2018 7:42:59 AM PDT · by DCBryan1 · 78 replies
    cnet ^ | 22 JUN 18 | Alfred Ng
    The US Supreme Court has ruled in favor of digital privacy. In a 5-4 decision on Friday the justices decided that police need warrants to gather phone location data as evidence for trials. The Supreme Court reversed and remanded the Sixth Circuit court's decision. Carpenter v. United States is the first case about phone location data that the Supreme Court has ruled on. That makes it a landmark decision regarding how law enforcement agencies can use technology as they build cases. The court heard arguments in the case on Nov. 29. The dispute dates back to a 2011 robbery in...
  • 'This is harassment and racial profiling!' California woman forces Border Patrol agents off

    06/15/2018 2:15:44 PM PDT · by ColdOne · 69 replies
    dailymail.co.uk ^ | 6/15/18 | Chris Pleasance
    Full title................'This is harassment and racial profiling!' California woman forces Border Patrol agents off a Greyhound bus using the Fourth Amendment after they demanded to see everyone's documents......................The incident took place at a border post which used to be used to check for fruit being brought into California because of an invasive species of fly. But on this occasion when the bus stopped, Smalls said the driver announced: 'We are being boarded by Border Patrol. Please be prepared to show your documentation upon request.' Smalls said she stood up and began shouting: 'This is a violation of your Fourth amendment...
  • Woman says her Amazon device recorded private conversation, sent it out to random contact

    05/24/2018 9:03:28 AM PDT · by rktman · 62 replies
    kiro7.com ^ | 5/24/2018 | Gary Horcher
    A Portland family contacted Amazon to investigate after they say a private conversation in their home was recorded by Amazon's Alexa -- the voice-controlled smart speaker -- and that the recorded audio was sent to the phone of a random person in Seattle, who was in the family’s contact list. "My husband and I would joke and say I'd bet these devices are listening to what we're saying," said Danielle, who did not want us to use her last name. Every room in her family home was wired with the Amazon devices to control her home's heat, lights and security...
  • NSA paid millions to cover Prism compliance costs for tech companies

    08/24/2013 9:46:18 AM PDT · by Jim Robinson · 12 replies
    Guardian ^ | Aug 22, 2013 | By Ewen MacAskill in New York
    The National Security Agency paid millions of dollars to cover the costs of major internet companies involved in the Prism surveillance program after a court ruled that some of the agency's activities were unconstitutional, according to top-secret material passed to the Guardian. The technology companies, which the NSA says includes Google, Yahoo, Microsoft and Facebook, incurred the costs to meet new certification demands in the wake of the ruling from the Foreign Intelligence Surveillance (Fisa) court. The October 2011 judgment, which was declassified on Wednesday by the Obama administration, found that the NSA's inability to separate purely domestic communications from...
  • Trump seeks to limit access to records seized in FBI raid

    04/16/2018 9:24:19 AM PDT · by Olog-hai · 34 replies
    Associated Press ^ | Apr. 16, 2018 9:49 AM ET | Tom Hays and Larry Neumeister
    The porn actress Stormy Daniels is expected to attend a court hearing in New York on Monday where a U.S. judge is hearing more arguments about President Donald Trump’s extraordinary request that he be allowed to review records seized from his personal lawyer’s office as part of a criminal investigation before they are examined by prosecutors. The raid carried out last Monday at Michael Cohen’s apartment, hotel room, office and safety deposit box sought bank records, records on Cohen’s dealing in the taxi industry, Cohen’s communications with the Trump campaign and information on payments made in 2016 to former Playboy...
  • A New Backdoor Around the Fourth Amendment: The CLOUD Act

    03/14/2018 9:25:17 PM PDT · by nevadapatriot · 21 replies
    Electronic Frontier Foundation ^ | 3/11/2018 | David Ruiz
    There’s a new, proposed backdoor to our data, which would bypass our Fourth Amendment protections to communications privacy. It is built into a dangerous bill called the CLOUD Act, which would allow police at home and abroad to seize cross-border data without following the privacy rules where the data is stored. This backdoor is an insidious method for accessing our emails, our chat logs, our online videos and photos, and our private moments shared online between one another. This backdoor would deny us meaningful judicial review and the privacy protections embedded in our Constitution. This new backdoor for cross-border data...