Showing posts with label search and seizure. Show all posts
Showing posts with label search and seizure. Show all posts

When Can The Police Search Your Cellphone?

by Julie Johnson.    Can an officer search your cellphone call log or text records to discover how you were using your phone? Absolutely. With a search warrant. Or when a phone’s owner gives an officer permission. Otherwise, an officer generally cannot search through a phone’s data, not even during an arrest, because of a 2014 decision by the U.S.  ... MORE

Tim Cook Is An American Hero: Apple Will Fight Against Court Order To Unlock iPhone To Government Searches

Side fighting for individual liberty is not the government. Tuesday night, a California court ordered Apple to assist the FBI in hacking an iPhone. It’s an unprecedented request, one with potentially huge repercussions for the privacy and security of every Apple customer. This morning, Apple CEO Tim Cook posted an impassioned defense  ... MORE

What Are My Rights If The Police Want To Search My Car?

Just say no.   Police are only allowed to search your vehicle under very limited circumstances.   However, too many consent to incriminating searches because they do not know they can refuse or they feel intimidated. This information about police and vehicle searches can help you if you face one of these encounters.  It cannot be          ... MORE

VIDEO: Why NSA Spying Is Unconstitutional

Jacob Sullum: Want My Blood? Get a Warrant.

Balking at warrantless alcohol testing.  Danny Birchfield drove his car into a ditch. Steve Beylund "nearly hit a stop sign while making a right hand turn into a driveway." William Bernard got his truck stuck in the river while trying to extract his boat. In his underwear. These embarrassing incidents—the first two of which happened in North Dakota,    ... MORE

The Government Wants Access To Your Smartphone

by Christie Smythe.   What you should know. “We’re not at war – we care about the same things,” FBI Director James Comey says of the struggle between the U.S. and the tech sector over how private your smartphone should be. The government wants to work with companies such as Apple Inc. and Google to stop criminals and terrorists     ... MORE

Anthony L. Fisher: France Cracks Down On Civil Liberties

Warrantless raids, house arrests and more. Last Friday, France's parliament overwhelmingly passed a three-month extension of the national state of emergency, granting broad powers to law enforcement and significantly curtailing civil liberties. The Guardian summarizes some of the new security measures: Expanded powers to immediately     ... MORE

Tim Cushing: Getting Behind The Wheel Is Pretty Much Kissing Your 4th Amendment Protections Goodbye

Cars are for criminals.       There's been more good news than bad concerning the Fourth Amendment recently. In addition to the Supreme Court's ruling that searches of cellphones incident to arrest now require a warrant, various circuit court decisions on cell site location info and the surreptitious use of GPS tracking devices may see the nation's    ... MORE

Did The TSA Agent Steal Jersey Honoring Yankee Legend From The Luggage Of His Window? She Thinks They Did.

from CBS New York.   The widow of a baseball icon was heartbroken Friday night over a missing jersey that she believes was stolen. Last month, the Yankees gave Soot Zimmer a jersey in honor of her late husband, Don Zimmer, who served as bench coach for the team for several years. But the jersey never made it back to Florida with Soot   ... MORE

Intrusive And Inept: TSA Failed To Detect 95% Of Weapons

by Jessica Marmor Shaw.  No one enjoys going through screening at the airport, but at least it’s making us all safer, right? And there was that one time you made it through with a Swiss Army knife in your backpack, but surely any real weapons or explosives would be spotted, right? ABC News is reporting that, in an internal investigation conducted  ... MORE

Andrew Napolitano: Restore The Fourth

Stop the pernicious assault on privacy.       If you plan to visit a college campus this month, don't be surprised if you see signs and placards encouraging you to "Restore the Fourth." Restore the Fourth is not about an athletic event or a holiday; it is about human freedom. The reference to "the Fourth" is to the Fourth Amendment, and it is badly in  ... MORE

How DNA Is Turning Us Into A Nation Of Suspects

by John W. Whitehead.    Every dystopian sci-fi film we’ve ever seen is suddenly converging into this present moment in a dangerous trifecta between science, technology and a government that wants to be all-seeing, all-knowing and all-powerful. By tapping into your phone lines and cell phone communications, the government knows what you    ... MORE

Private Police: Mercenaries For The American Police State

by John W. Whitehead.      It’s one thing to know and exercise your rights when a police officer pulls you over, but what rights do you have when a private cop—entrusted with all of the powers of a government cop but not held to the same legal standards—pulls you over and subjects you to a stop-and-frisk or, worse, causes you to “disappear” into a   ... MORE

Ron Paul: Dept of Homeland Security, What is it Good For?

Get rid of TSA and FEMA.        Late Friday night, Congress passed legislation funding the Department of Homeland Security for one week. This vote followed weeks of debate over efforts to attach a prohibition on funding President Obama’s executive order granting amnesty to certain illegal immigrants to the Homeland Security funding bill.      ... MORE

Forced Blood Draws, DNA Collection and Biometric Scans

by John W. Whitehead.    What country is this? Our freedoms—especially the Fourth Amendment—are being choked out by a prevailing view among government bureaucrats that they have the right to search, seize, strip, scan, spy on, probe, pat down, taser, and arrest any individual at any time and for the slightest provocation. Forced cavity    ... MORE

Questions Over Missing Cash After Warrantless Search

by Kumi Tucker.     A local attorney says Albany police broke the law when they went into her client's apartment without a warrant.  Her client says he is now missing thousands of dollars in cash.  Attorney Cheryl Coleman's client, Joshua Horne, was arrested on a drug charge in June. She says police took his keys and then used them to get    See video  ... MORE

Supreme Court Upholds Auto Stop With No Traffic Violation

by Marjorie Cohn. Ignorance of the law is no excuse -- that is, unless you're a police officer.  For the first time, in December, the Supreme Court upheld a traffic stop even where there was no traffic violation. The court, in Heien v. North Carolina, continued its steady erosion of the Fourth Amendment's protection against unreasonable searches and    ... MORE

Federal Court Upholds Unconstitutional Car Search

No warrant required. Text of the Fourth Amendment. A federal judge decided earlier this month to accept evidence from an automobile search that a state court magistrate had declared unlawful. US District Judge Jerome B. Simandle insisted that there was nothing wrong in accepting the evidence deemed tainted by the New Jersey Superior Court.   ... MORE