Keyword: searchandseizure

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  • Kenneth City delays decision on neatness ordinance[FL][Private Property Rights]

    12/01/2008 3:21:46 PM PST · by BGHater · 20 replies · 1,172+ views
    St. Petersburg Times ^ | 30 Nov 2008 | Anne Lindberg
    Council members caved in to demands from an angry crowd and delayed approving a neatness ordinance until officials explain every word of the 26-page document to Kenneth City residents. In what was estimated to be the largest crowd to ever attend a Kenneth City Council meeting, an outraged group of residents railed at the proposal that would regulate the upkeep of both the exterior and interior of all property in the town. The proposal basically sets standards for upkeep and appearance and gives town officials the right to enter homes. If the owner refuses to allow the official to enter,...
  • Dog's bad nose prompts judge to toss drug case

    11/19/2008 5:27:12 PM PST · by Chet 99 · 20 replies · 556+ views
    Dog's bad nose prompts judge to toss drug case By Todd Ruger Published: Wednesday, November 19, 2008 at 1:32 p.m. Last Modified: Wednesday, November 19, 2008 at 1:35 p.m. MANATEE COUNTY — Another circuit judge threw out evidence in a drug possession case, ruling that a narcotics-sniffing dog’s nose was not reliable enough to justify searching a vehicle. Matthew McNeal is the second Manatee County defendant to escape drug possession charges this year because Talon, a now-retired K-9 from the Palmetto Police Department, alerted to the odor of drugs in a car and officers used that to search it. Defense...
  • (DC)Metro to Randomly Search Riders' Bags

    10/30/2008 11:07:58 AM PDT · by Publius804 · 10 replies · 509+ views
    www.washingtonpost.com ^ | October 28, 2008 | Lena H. Sun
    Metro to Randomly Search Riders' Bags By Lena H. Sun Washington Post Staff Writer Tuesday, October 28, 2008; Page A01 Metro officials yesterday announced plans to immediately begin random searches of backpacks, purses and other bags in a move they say will protect riders and also guard their privacy and minimize delays. The program is modeled after one begun three years ago in New York that has withstood legal challenges. However, experts said it is difficult to measure the effectiveness of such searches, beyond assuring the public that police are being vigilant. New York officials declined to say what they...
  • Sniffer dogs to wear ‘Muslim’ bootees

    07/05/2008 1:35:25 PM PDT · by Free ThinkerNY · 52 replies · 239+ views
    The Sunday Times ^ | July 6, 2008 | Stuart MacDonald
    Police sniffer dogs will have to wear bootees when searching the homes of Muslims so as not to cause offence. Guidelines being drawn up by the Association of Chief Police Officers (Acpo) urge awareness of religious sensitivities when using dogs to search for drugs and explosives. The guidelines, to be published this year, were designed to cover mosques but have been extended to include other buildings. Where Muslims object, officers will be obliged to use sniffer dogs only in exceptional cases. Where dogs are used, they will have to wear bootees with rubber soles. “We are trying to ensure that...
  • Judge upholds search at ex-pastor's (Bradenton, FL)

    07/03/2008 11:18:37 AM PDT · by Coleus · 8 replies · 229+ views
    herald tribune ^ | 06.27.08 | Michael A. Scarcella
    Sheriff's detectives conducted a proper search of the home of a youth pastor even without a warrant, a Manatee County judge ruled Thursday. The ruling shot down a defense challenge and now means prosecutors can use videotapes and hidden cameras seized in the voyeurism investigation last year. Authorities did not need a warrant to search the home of Bethel Baptist Church youth pastor Matthew C. Porter because a friend who had been house-sitting agreed to let detectives inspect Porter's home in Ellenton, Manatee County Judge George K. Brown Jr. determined. The detectives, the judge said, acted reasonably. Investigators say Porter,...
  • WA court: Police pat-downs can't be based on odd behavior (Washington state)

    05/23/2008 3:44:47 PM PDT · by djf · 27 replies · 21+ views
    Seattle PI ^ | 5/22/08 | Curt Woodward
    OLYMPIA, Wash. -- In another nod to the Washington Constitution's broad privacy protections, the state Supreme Court has thrown out the drug conviction of a man who was searched by police solely because of his weird behavior. Thursday's unanimous decision reinforces the rules for simple pat-downs under state law, which offers stronger safeguards against police searches than the U.S. Constitution. Without a search warrant or probable cause to make an arrest, police in Washington may frisk someone for weapons only if an officer has reason to believe the person is armed and dangerous. The court said those rules weren't followed...
  • If Your Hard Drive Could Testify...

    01/07/2008 6:56:46 AM PST · by rawhide · 122 replies · 102+ views
    New York Times ^ | 01-07-08 | Adam Liptak
    A couple of years ago, Michael T. Arnold landed at the Los Angeles International Airport after a 20-hour flight from the Philippines. He had his laptop with him, and a customs officer took a look at what was on his hard drive. Clicking on folders called “Kodak pictures” and “Kodak memories,” the officer found child pornography. The search was not unusual: the government contends that it is perfectly free to inspect every laptop that enters the country, whether or not there is anything suspicious about the computer or its owner. Rummaging through a computer’s hard drive, the government says, is...
  • USA v. ALVEREZ-TEJEDA (Fourth Amendment circumscribed by condoning warrantless search)

    06/10/2007 12:34:45 AM PDT · by amchugh · 74 replies · 1,344+ views
    Ninth Circuit Opinions ^ | June 08, 2007 | Auto Blogged 9th Circuit
    We consider the Fourth Amendment’s limits on the use of trickery and force in conducting seizures. Facts Ascension Alverez-Tejeda and his girlfriend drove up to a traffic light. As the light turned green, the car in front of them lurched forward, then stalled. Alverez-Tejeda managed to stop in time, but the truck behind him tapped his bumper. As Alverez-Tejeda got out to inspect the damage, two officers pulled up in a police cruiser and arrested the truck driver for drunk driving. The officers got Alverez-Tejeda and his girlfriend to drive to a nearby parking lot, leave the keys in the...
  • Surveillance cameras going up in downtown Dallas

    10/03/2006 7:35:06 AM PDT · by Lunatic Fringe · 18 replies · 473+ views
    They are meant to reduce crime by helping police spot problems. By the end of the year, 40 cameras will cover 31 locations in the area. It's part of a plan first announced in January by Dallas Police. Grant money will cover the 840-thousand dollar price tag for the cameras. Police will monitor the cameras from their headquarters and City Hall. Some residents feel apprehensive about the surveillance, seeing it as an invasion of privacy. But others say the cameras could help curb petty crime and random violence.
  • Student questions legality of metal detectors at school

    09/20/2006 5:14:15 AM PDT · by Puppage · 166 replies · 4,141+ views
    WTNH Television ^ | 9/20/06 | Puppage
    (New Haven-WTNH, Sept. 19, 2006 10:45 PM) _ A student's refusal to walk through a safety detector earns him a trip home. For some the installation of metal detectors in schools is to better protect those inside. One New Haven student is refusing to walk the walk, questioning whether his rights are being violated. The district says it is like the right to enter a courtroom or get on a plane. It's new policy to keep young people safe. For this New Haven student it's all about his fourth amendment right to be free from unreasonable searches and seizures. Nick...
  • N.J. court tells police limits on car searches don't apply to homes

    09/21/2006 3:53:20 PM PDT · by Focault's Pendulum · 156 replies · 5,349+ views
    Star-Ledger Staff ^ | Thursday, September 21, 2006 | BY ROBERT SCHWANEBERG
    In New Jersey, one's home is not one's castle after all. The real castle, it turns out, is the car. The New Jersey Supreme Court ruled 4-3 yesterday that police do not need a reason to ask permission to search someone's home. The same court four years ago issued rules saying police must have a good reason before asking motorists if they can search their cars. Yesterday the court said the rules for cars -- which prohibit police from asking motorists if they can conduct a search unless they have "a reasonable and articulable suspicion" of criminal activity -- are...
  • Eyesight test is about road safety, say police

    08/25/2006 9:02:53 PM PDT · by elkfersupper · 10 replies · 775+ views
    wales.co.uk ^ | 8/25/06 | Tryst Williams
    POLICE yesterday insisted a drive to check motorists' eyesight was not a precursor to a speed camera-style blitz of fines. Health staff and officers from Gwent Police carried out the one-day survey of drivers' eyesight near Abergavenny in what is believed to the first operation of its kind in the UK. More than 500 car drivers and motorcyclists took part in the roadside research, which is hoped will yield vital information to improve road safety. Inspector Glyn Fernquest, who led the policing at yesterday's survey, said, "There are big things made about speed but there are other contributory factors [in...
  • Police property: It’s finders keepers in NH

    08/24/2006 6:42:36 AM PDT · by LiveFreeOrDieTryin · 41 replies · 1,459+ views
    Police property: It’s finders keepers in NH 9 hours, 28 minutes ago The state Supreme Court ruled on Tuesday that the government can keep and destroy more than 500 CDs taken from Michael Cohen, owner of Pitchfork Records in Concord, in 2003 even though the state failed to prove that a single disk was illegal. Cohen was arrested for attempting to sell bootleg recordings. But the police case collapsed when it turned out that most of the recordings were made legally. Police dropped six of the seven charges, and Cohen went to trial on one charge. He beat it after...
  • Federal Appeals Court: Driving With Money is a Crime

    08/20/2006 8:57:44 PM PDT · by FreedomCalls · 407 replies · 7,306+ views
    Eighth Circuit Appeals Court ruling says police may seize cash from motorists even in the absence of any evidence that a crime has been committed. A federal appeals court ruled yesterday that if a motorist is carrying large sums of money, it is automatically subject to confiscation. In the case entitled, "United States of America v. $124,700 in U.S. Currency," the U.S. Court of Appeals for the Eighth Circuit took that amount of cash away from Emiliano Gomez Gonzolez, a man with a "lack of significant criminal history" neither accused nor convicted of any crime. On May 28, 2003, a...
  • Judge: Security 'Pat-Downs" Of Buc Fans Unconstitutional

    07/28/2006 7:24:33 PM PDT · by Cagey · 134 replies · 1,897+ views
    WKMG-TV ^ | 7-28-2006
    TAMPA, Fla. -- Security "pat-downs" of fans at Tampa Bay Buccaneers games are unconstitutional and unreasonable, a federal judge ruled Friday, throwing into question the practice at NFL games nationwide. U.S. District Judge James D. Whittemore issued an order siding with a Bucs season-ticket holder who had sued to stop the fan searches that began last season after the NFL implemented enhanced security measures. High school civics teacher Gordon Johnson sued the Tampa Sports Authority, which operates the stadium, to stop officials from conducting the "suspicionless" searches. A state judge agreed with Johnston that the searches are likely unconstitutional and...
  • The Real ID Rebellion (National ID)

    04/17/2006 8:50:15 AM PDT · by af_vet_rr · 104 replies · 1,669+ views
    CNET News.co, ^ | 17 April 2006 | Declan McCullagh
    In 1775, New Hampshire was the first colony to declare its independence from oppressive laws and taxes levied by the British crown. Now it may become the first state to declare its independence from an oppressive digital ID law concocted in Washington, D.C. New Hampshire's House of Representatives has overwhelmingly approved a remarkable bill, HB 1582, that would prohibit the state from participating in the national ID card system that will be created in 2008. A state Senate vote is expected as early as next week. The federal law in question is the Real ID Act (here's our FAQ on...
  • 80 Eyes on 2,400 People (Alaska and Security Cameras)

    03/29/2006 6:50:07 AM PST · by af_vet_rr · 19 replies · 960+ views
    Los Angeles Times ^ | March 28, 2006 | Tomas Alex Tizon
    From Anchorage it takes 90 minutes on a propeller plane to reach this fishing village on the state's southwestern edge, a place where some people still make raincoats out of walrus intestine. This is the Alaskan bush at its most remote. Here, tundra meets sea, and sea turns to ice for half the year. Scattered, almost hidden, in the terrain are some of the most isolated communities on American soil. People choose to live in outposts like Dillingham (pop. 2,400) for that reason: to be left alone. So eyebrows were raised in January when the first surveillance cameras went up...
  • NYC Adding 500 Cameras, Want to Track People, Cars.

    03/22/2006 6:39:18 AM PST · by af_vet_rr · 119 replies · 1,536+ views
    New York Daily News ^ | March 22, 2006 | ALISON GENDAR and MICHAEL SAUL
    New Yorkers, get ready for your closeup. The NYPD is installing 505 surveillance cameras around the city - and pushing to safeguard lower Manhattan with a "ring of steel" that could track hundreds of thousands of people and cars a day, authorities revealed yesterday. .. The NYPD also has applied for $81.5 million in federal aid to install surveillance cameras, computerized license plate readers and vehicle barriers around lower Manhattan, Kelly said. .. But don't expect the NYPD to install its cameras without battling the New York Civil Liberties Union. The watchdog group's associate legal director, Chris Dunn, questioned the...
  • Tickets For Good Driving

    03/09/2006 8:23:35 AM PST · by rock_lobsta · 52 replies · 1,078+ views
    Dozens of Central Texas drivers got pulled over Thursday for doing absolutely nothing wrong. Travis County deputies kicked off what has become a controversial reward program. You know that heart stopping feeling you get when seeing the flashing red lights of law enforcement in the rear view mirror. Well, you won't see that if you're a good driver, but you may get pulled over. Getting pulled over for doing nothing wrong may not sound right to a lot of people. Travis County Deputy Derrick Taylor says his job is to not only look for bad drivers, but reward and encourage...
  • Breakin’ All the Rules

    12/23/2005 1:36:58 PM PST · by seacapn · 16 replies · 1,455+ views
    Baltimore Citypaper ^ | December 21, 2005 | Edward Ericson Jr.
    It was 28 seconds past 7:45 p.m. on Aug.18 when the 911 dispatcher took the call from Sascha Wagner. “There’s someone breaking into the house,” she yelled at the 911 operator, giving the address of the home she shares with David Scheper on the 800 block of West Lombard Street. “Send police now!” The intruders? They got in. They took $1,440 in cash Scheper says he withdrew from his bank account in order to buy a used pickup truck. They hit a 70-year-old art-deco-style metal desk with an ax. They took 18 of Scheper’s guns—mostly inoperable antiques, he says—and some...
  • Congress Considering National ID Card

    10/18/2004 11:02:36 AM PDT · by Tolerance Sucks Rocks · 182 replies · 2,635+ views
    The American Conservative Union ^ | October 18, 2004 | aculistmanager@laptoplobbyist.com
      Dear Friend of the ACU:Kiss your civil liberties and right to privacy goodbye! Do you believe that you should be compelled to carry a National ID Card that is imprinted with your fingerprint or your DNA imprint or other highly personal and private information?Do you believe that you should be required to produce this ID card on demand -- when you go to the grocery store or cross state lines or pay your taxes or at the whim of some petty government bureaucrat?This is not science fiction folks -- nor is it a scene out of a futuristic "B-movie"...
  • Laxative-induced search violated rights

    05/16/2005 10:39:05 PM PDT · by Still Thinking · 33 replies · 739+ views
    Interest! Alert ^ | May 11, 2005 | UPI
    MILWAUKEE, May 11 (UPI) -- The Wisconsin Court of Appeals ruled a man forced by police to drink liquid laxative to expel a swallowed bag of heroin was unreasonably searched. The decision reverses a trial-court ruling that found police and medical personnel at Froedtert Memorial Lutheran Hospital in Wauwatosa acted solely out of concern for the health of Tomas R. Payano-Roman, 35, when they forced him to drink six cups of liquid laxative while handcuffed to a bed and made him defecate into a portable toilet as they looked on, the Milwaukee Journal Sentinel reported. The appeals court found police...
  • Smuggling camera into movie theater can get you arrested

    01/02/2004 12:14:02 PM PST · by flutters · 88 replies · 634+ views
    610 WTVN Radio ^ | January 2, 2004
    Ohio has passed a law that lets police arrest people for videotaping movies in theaters. Governor Taft signed the bill last month and it takes effect in March. The film industry is trying to prevent piracy and they have several methods to fight it, including bag searches for people entering movie houses. But some say Hollywood's tactics could backfire. A recent study found that three out of every four movies leaked on the Internet came from industry insiders. That led the Motion Picture Academy of America to temporarily stop sending ``screener'' tapes and DVDs to Oscar voters.
  • High Court weighs 'knock and announce' rules used in police searches

    10/17/2003 11:29:57 AM PDT · by jmc813 · 43 replies · 120+ views
    CNN ^ | 10-17-2003 | Bill Mears
    <p>WASHINGTON (CNN) -- The Supreme Court Wednesday wrestled with how long police must wait before executing search warrants at a suspect's home, and how much flexibility officers should have in deciding what is long enough.</p> <p>The case is one of six search-and-seizure cases on the court's current docket, with the justices being asked to determine how far the government can go without violating the privacy rights of everyone.</p>
  • Taxpayers Say Ashcroft KO'd on Patriot Act

    07/24/2003 8:59:46 PM PDT · by Warhorse · 4 replies · 185+ views
    www.virginianewssource.com ^ | 7/24.03 | Virginia Taxpayers Association
    VIRGINIA TAXPAYERS ASSOCIATION P. O. BOX 663 LYNCHBURG, VA 24505 - 30 years in the cause of freedom - FROM: Kenneth White, President (Residence) 93 Shields Gap Rd. Roseland, VA 22967 Tel./FAX No.: 434 277-5255 E-mail: KWhite9472@aol.com -------------------------------------------- FOR IMMEDIATE RELEASE 7/23/03 --------------------------------------------------- TAXPAYERS SAY ASHCROFT KO'd ON PATRIOT ACT The Virginia Taxpayers Association said today "the stunning 309-118 House vote Tuesday passing an appropriations amendment stripping the USA Patriot Act of one of its most tyrannical provisions was a sharp rebuke to Attorney General John Ashcroft." The House voted to strike a section of the act allowing government agents...
  • 'Booze It & Lose It' Yields 1,137 DWI Arrests in Second Week, 6,469 seat belt violations

    07/09/2003 2:36:49 PM PDT · by chance33_98 · 84 replies · 1,256+ views
    'Booze It & Lose It' Yields 1,137 DWI Arrests in Second Week; Lawler Family to Recall Kill Devil Hills Tragedy at Outer Banks Event 7/9/03 5:00:00 PM -------------------------------------------------------------------------------- To: Assignment Desk, Daybook Editor Contact: Jill Warren Lucas of the Governor's Highway Safety Program, 919-733-3083, (cell: 919-291-6729), jwlucas@dot.state.nc.us News Advisory: What: "Booze It & Lose It" Press Event When: 10:30 a.m. Thursday, July 10 Where: Wright Brothers National Memorial, Kill Devil Hills A Charlotte-Mecklenburg police officer's patrol car was damaged in a hit-and-run crash caused by an impaired driver following a "Booze It & Lose It" enforcement event. The Charlotte-Mecklenburg...
  • COVER STORY RUBBISH! ....... [This Report is a LOL Scream !]

    12/29/2002 10:19:18 PM PST · by ex-Texan · 53 replies · 799+ views
    Willamette Week ^ | 12/25/2002 | Chris Lydgate and Nick Budnick
    COVER STORY: RUBBISH! ....... [This Report is a LOL Scream !] Portland's top brass said it was OK to swipe your garbage--so we grabbed theirs.by CHRIS LYDGATE AND NICK BUDNICK It's past midnight. Over the whump of the wipers and the screech of the fan belt, we lurch through the side streets of Southeast Portland in a battered white van, double-checking our toolkit: flashlight, binoculars, duct tape, scissors, watch caps, rawhide gloves, vinyl gloves, latex gloves, trash bags, 30-gallon can, tarpaulins, Sharpie, notebook--notebook? Well, yes. Technically, this is a journalistic exercise--at least, that's what we keep telling ourselves. We're upholding...