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Keyword: 5thamendment

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  • Supreme Court Deals Blow to Property Rights

    06/23/2017 2:20:20 PM PDT · by Sopater · 131 replies
    Reason ^ | 6/23/17 | Eric Boehm
    When governments issue regulations that undermine the value of property, bureaucrats don't necessarily have to compensate property holders, the Supreme Court ruled Friday. The court voted 5-3, in Murr V. Wisconsin, a closely watched Fifth Amendment property rights case. The case arose from a dispute over two tiny parcels of land along the St. Croix River in western Wisconsin and morphed into a major property rights case that drew several western states into the debate before the court. Chief Justice John Roberts, in a scathing dissent, wrote that ruling was a significant blow for property rights and would give greater...
  • Advice from cops: Don’t talk to cops

    03/28/2017 9:52:01 AM PDT · by Sopater · 100 replies
    Learn Liberty ^ | January 31, 2017 | James Duane
    Almost every time I speak at a college or law school campus, there are one or two audience members whose mother or father is a police officer or a prosecutor. I always ask them: What did your parents tell you about dealing with the police? Every one of them, without exception, has told me the same thing: My parents in law enforcement taught me years ago that I should never talk to the police, or agree to let them interview me about anything, or let them search my car or my apartment or my backpack without a warrant. You need...
  • Court ruling could delay beltway

    03/07/2017 8:09:52 AM PST · by Tolerance Sucks Rocks · 2 replies
    The Winston-Salem Journal ^ | February 16, 2017 | Wesley Young
    A judge’s order could delay the start of construction on the next segment of the Winston-Salem Northern Beltway unless contested condemnation claims are resolved by this coming fall. Attorney Matthew Bryant said Forsyth County Superior Court Judge John Craig would be signing orders this week dismissing some new condemnation proceedings started recently by the N.C. Department of Transportation against some landowners in the beltway segment planned between Reidsville and New Walkertown roads. Those new condemnation proceedings were started as part of the state’s effort to acquire land for that beltway segment, which is scheduled to go to contract this fall....
  • Countering Public Officials Who Respect Neither Free Speech Nor Property Rights

    02/26/2017 9:49:43 AM PST · by reaganaut1 · 3 replies
    Forbes ^ | February 25, 2017 | George Leef
    Northwest Florida is largely inhabited by conservative folk who believe in private property and limited government under the Constitution. Nevertheless, officials in Walton County have been hammering both the First Amendment and property rights in an effort to gain control over private beach areas along the Gulf of Mexico. One family is fed up with the government’s bullying. They’re fighting back in court. Edward and DeLanie Goodwin purchased beachfront property in 1971 and built a house on the land in 1978. They own up to the Mean High Water Line; beyond that, the beach is public property. Thus, they own...
  • Homes Coming Down To Make Way For Eastern Oklahoma County Turnpike

    11/09/2016 7:56:29 PM PST · by Tolerance Sucks Rocks
    News Channel 4 (KFOR) ^ | October 28, 2016 | Sarah Stewart
    OKLAHOMA CITY--The 1600 square foot home on S.E. 15th came crashing down in a matter of minutes. It was demolished on Monday to make way for the new Eastern Oklahoma County turnpike. “It happened because they were ignorant of their rights and were victimized by the state,” said Steve Maguire. Maguire helped start Victims of Eminent Domain Fund, a non-profit dedicated to telling the stories of homeowners in that part of the county and stopping the turnpike from coming through. He says the owners of the home on S.E. 15th were told false things by the people acquiring the property...
  • Clinton State Department IT Official John Bentel Takes Fifth Amendment During Judicial Watch Dep...

    10/24/2016 10:46:09 AM PDT · by jazusamo · 25 replies
    Judicial Watch ^ | October 24, 2016
    Full title: Clinton State Department IT Official John Bentel Takes Fifth Amendment During Judicial Watch Deposition (Washington, DC) – Judicial Watch announced today that another witness in the Clinton email matter asserted his Fifth Amendment rights during a Judicial Watch deposition today. The deposition of John Bentel, the State Department’s former Director of Information Resource Management of the Executive Secretariat (“S/ES-IRM”), was ordered by U.S. District Court Judge Emmet G. Sullivan. S/ES-IRM is the office that handles information technology for the Office of the Secretary. Mr. Bentel answered over 90 questions with “On advice from my legal counsel, I decline...
  • Feds Walk Into A Building, Demand Everyone's Fingerprints To Open Phones

    10/17/2016 2:58:02 PM PDT · by MeganC · 53 replies
    Forbes ^ | Thomas Fox Brewster
    Link only - not sure of copyright issues with Forbes.
  • (NJ) Piano tuner's fight to save A.C. home isn't over yet

    10/14/2016 7:18:05 PM PDT · by Coleus · 8 replies
    NJ.com ^ | September 01, 2016 | Erin O'Neill
    A state agency that lost its bid to seize the home of piano tuner Charlie Birnbaum in state Superior Court last month plans to continue its lengthy legal battle to acquire the Oriental Avenue property.The Casino Reinvestment Development Authority, or CRDA, on Wednesday filed a notice appealing the Aug. 5 decision from Superior Court Judge Julio Mendez, who wrote the state agency's effort to condemn Birnbaum's property is a "manifest abuse of the eminent domain power." The agency has targeted the brick walkup that has been in Birnbaum's family for more than four decades as part of a mixed-use development project in...
  • The Government is Eviscerating Private Property Rights. Again.

    09/08/2016 2:57:34 PM PDT · by Kaslin · 7 replies
    Townhall.com ^ | September 8, 2016 | Seton Motley
    The Fifth Amendment of the Constitution reads, in part, as follows:“No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”Meaning if you own property - government can’t arbitrarily take it from you. In whole, or in part. Sadly, taking private property is something at which the government is becoming expert:“Most property rights scholars would probably tell you that property is sort of the redheaded stepchild of constitutional law….(T)he (Supreme) Court says something like, ‘The Government could hardly go on if to some extent the...
  • President Obama Signs Paul Ryan Bill and Immediately Suspends 5th Amendment…

    07/01/2016 8:34:12 AM PDT · by Nachum · 55 replies
    Conservative Treehouse ^ | 6/30/16 | sundance
    Today President Obama signed the PROMESA (Puerto Rico Bailout) bill created by representative Paul Ryan, and with it the immediate suspension of the Fifth Amendment which was supported by a Senate vote yesterday. The Fifth Amendment protects U.S. Citizens from federal seizure of property without compensation. It applies in this instance to Puerto Rico via the general obligation bonds (property) purchased by municipal bond holders (investing citizens), which were supposed to be repaid, and which congress has now determined can be frozen. In addition, PROMESA suspends legal redress, by blocking bond holders (property owners) from suing the debtor (PR) to...
  • Michigan Teen Challenging Warrantless Breathalyzer Law

    06/08/2016 1:29:44 PM PDT · by Theoria · 51 replies
    NBC News ^ | 08 June 2016 | Corky Siemaszko
    A Michigan teen who was ticketed — as a passenger — for balking at taking a Breathalyzer test says that she refused because the detective did not have a warrant. Now 17-year-old Casey Guthrie has filed a federal lawsuit against the cop who slapped her with the $100 citation last month. The honor student is also challenging the constitutionality of a Michigan law that makes it a civil infraction for anybody under age 21 to refuse a police officer's request to blow into the device — and does not require the cop to produce a warrant. "No adequate remedy exists...
  • Clinton's IT aide keeps email server shrouded in mystery

    06/05/2016 8:12:20 AM PDT · by jazusamo · 24 replies
    The Hill ^ | June 5, 2016 | Julian Hattem
    A former State Department IT expert has refused to answer questions about his work on Hillary Clinton’s private email server, keeping its operations shrouded in mystery. Bryan Pagliano’s laywers have said that he would remain silent during a deposition with the conservative watchdog Judicial Watch, originally scheduled for Monday but now delayed until further notice. His decision increases the odds that Clinton herself will be forced to testify in the case. And, because of quirks of the legal system, his decision to stay quiet could be seen as an implicit confirmation that he or the State Department had done something...
  • Federal Judge Orders Clinton IT Witness To Produce Reported Immunity Agreement, Legal Basis for...

    06/03/2016 5:09:27 PM PDT · by jazusamo · 12 replies
    Judicial Watch ^ | June 3, 2016
    Full title: Federal Judge Orders Clinton IT Witness To Produce Reported Immunity Agreement, Legal Basis for Fifth Amendment Claims (Washington, DC) – Judicial Watch today announced that a court order was issued by Judge Emmet G. Sullivan requiring Bryan Pagliano, the Clinton State Department IT official who reportedly provided support for the Clinton email system, to produce to the court his reported immunity agreement and the legal basis for the Fifth Amendment claims he planned to assert in Judicial Watch’s discovery into the Clinton email system. The order delays Mr. Pagliano’s deposition, which had been scheduled for Monday, June 6....
  • Clinton IT aide to plead Fifth in email case

    06/01/2016 4:19:12 PM PDT · by jazusamo · 79 replies
    The Hill ^ | June 1, 2016 | Julian Hattem
    The man believed to have set up and maintained Hillary Clinton’s private email server will assert his Fifth Amendment rights against self-incrimination and refuse to answer questions as part of an open records lawsuit against the State Department. Bryan Pagliano will decline to answer questions from Judicial Watch, the conservative legal watchdog group, during a deposition scheduled for Monday, his lawyers wrote in a court filing on Wednesday afternoon. The move forecloses the possibility that Pagliano would break his months of silence about the server issue, even as scrutiny has intensified on his role. Pagliano’s lawyers told Judicial Watch more...
  • Maryland high court issues opinion in Gray case

    05/20/2016 7:49:10 AM PDT · by Olog-hai · 18 replies
    Associated Press ^ | May 20, 2016 10:45 AM EDT | Juliet Linderman
    Maryland’s highest court has released an opinion explaining its recent decision to force an officer charged in the death of Freddie Gray to testify against his colleagues. The Maryland Court of Appeals issued its opinion Friday. Chief Judge Mary Ellen Barbara writes that compelling Officer William Porter to testify while he awaits retrial is not a violation of his Fifth Amendment right not to incriminate himself. …
  • So Much For The Fifth Amendment: Man Jailed For Seven Months For Not Turning Over Password

    05/03/2016 8:45:34 AM PDT · by Lorianne · 30 replies
    Tech Dirt ^ | 28 April 2016 | Tim Cushing
    The FBI recently spent more than $1 million for assistance in decrypting a device's contents. It may have overpaid. Alternatives exist, whether it's a $5 wrench or indefinite imprisonment for not helping the government with its prosecution efforts. A Philadelphia man suspected of possessing child pornography has been in jail for seven months and counting after being found in contempt of a court order demanding that he decrypt two password-protected hard drives. The suspect, a former Philadelphia Police Department sergeant, has not been charged with any child porn crimes. Instead, he remains indefinitely imprisoned in Philadelphia's Federal Detention Center for...
  • ‘Hanging over us’: Homeowners face uncertainty as I-395 plan ramps up

    04/10/2016 11:03:09 PM PDT · by Tolerance Sucks Rocks · 12 replies
    The Bangor Daily News ^ | April 10, 2016 | Nok-Noi Ricker
    BREWER, Maine — When Ken and Jo-Ann Arbo moved into their home in Eddington 22 years ago, they thought they found the perfect place to live.“I hunt right there. I fish out there. I snowmobile out there,” Ken Arbo said of the woods and fields near the couple’s home. “That is why we moved out there.”Now the Arbos face the real possibility of moving again.Their Lambert Road home is within the path of the controversial I-395/Route 9 connector, a proposed two-lane road from Brewer to Eddington meant to ease heavy truck traffic and improve safety on nearby routes 46 and...
  • Judicial Watch Files Amicus Brief in Freddie Gray, Jr. Case

    02/18/2016 10:35:22 AM PST · by jazusamo · 3 replies
    Judicial Watch ^ | February 18, 2016 | Tom Fitton
    Watchdog Group Warns of Using Justice System to Appease Violent Protestors(Washington, DC) - Judicial Watch announced today it filed an amicus curiae brief with the Maryland Court of Special Appeals, arguing that forcing Baltimore Police Officer William G. Porter to testify against fellow officers before his retrial for manslaughter, assault, and other criminal charges over the police-custody death of Freddie Carlos Gray Jr., would have a significant, adverse chilling effect on his constitutional rights under the Fifth and Sixth Amendments. Judicial Watch asserts the unusual push to force Office Porter to testify while facing charges is part of an unjust...
  • US postpones payments to police in asset forfeiture program

    12/24/2015 7:36:08 PM PST · by Olog-hai · 37 replies
    Associated Press ^ | Dec 24, 2015 3:40 PM EST
    The Justice Department said this week it is putting off payments "for the time being" to local law enforcement agencies that participate in the federal asset forfeiture program. The move comes after Congress recently took $1.2 billion from the department's asset forfeiture fund as part of budget maneuvering. Under the program, the Justice Department permits local law enforcement to share proceeds of seized assets from investigations in which they participated. But significant cuts to the fund by Congress mean those "equitable sharing" payments are being put on hold. ...
  • Former Clinton Aide to Invoke Fifth Amendment

    09/02/2015 7:37:41 PM PDT · by Chode · 85 replies
    nytimes ^ | 9/2/2015 | Michael S. Schmidt
    A former aide to Hillary Rodham Clinton who helped set up the server that housed Mrs. Clinton’s private email account plans to invoke his Fifth Amendment rights in response to congressional questions about the email practices, according to two people briefed on the matter. The former aide, Bryan Pagliano, was subpoenaed to testify before the House committee investigating the 2012 attacks in Benghazi, Libya. But a lawyer for Mr. Pagliano, Mark MacDougall, has told the committee that Mr. Pagliano will decline to answer their questions and assert his Fifth Amendment privilege. ​Mr. ​Pagliano was the information technology director for Mrs....