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mcherm : 4thammendment   67

Ismael Lopez, undocumented immigrant killed by police, lacks constitutional protection, city argues - The Washington Post
After police burst in the wrong home and murdered him, Mississippi claims illegal immigrants HAVE no right against illegal search or seizure.
law  via:reddit  4thAmmendment  immigration  washingtonpost 
september 2019 by mcherm
Jessop v. City of Fresno PDF - QI granted to officers who stole property while executing a search warrant : law
9th circuit says that qualified immunity protects officers who simply stole money while executing a warrant; one concurring judge seems to claim that would be 100% legal even without QI.
law  4thAmmendment  qualifiedimmunity  via:reddit 
september 2019 by mcherm
Court Sides With Prison Guards Who Forced Female Inmates To Expose Genitals During Training Exercise –
Court says it is not an illegal search for guards to order women prisoners to strip naked then pull open their body cavities while men ogle them from the adjoining room, simply for the sake of a "training exercise". (A different jury found the guards innocent of inflicting cruel and unusual punishment.)
law  prison  4thAmmendment  via:reddit 
august 2019 by mcherm
Chalking tires for parking enforcement found to be Fourth Amendment violation by Sixth Circuit - law
I guess I understand the reasoning (touching the tire is treaspass, the purpose is to gather evidence, and I don't get why this is "unreasonable"). But this case proves I am not a fourth amendment maximalist.
4thAmmendment  law  via:reddit 
april 2019 by mcherm
Court: Victims can’t make a federal case out of police who stole their money -
Qualified Immunity at its most extreme: "there's no way police could have known that stealing money previously seized under a warrant would violate someone's rights, so they can't be held accountable" (for rights violation - state theft charges still might apply).
law  via:reddit  4thAmmendment  qualifiedimmunity  policeimmunity 
march 2019 by mcherm
Appeals Court Says A Person Driving A Registered Vehicle On A Public Road Is Not 'Reasonably Suspicious' | Techdirt
A particular road goes around a border patrol checkpoint. This border patrol agent felt that meant he could stop everyone who turned onto that road. (In the past he stopped 20-30 cars doing so and 10% had illegal immigrants in them.) Court says no, this is not reasonable suspicion.
4thAmmendment  law  techdirt  via:Techdirt  police 
february 2019 by mcherm
Feds Order Google To Hand Over A Load Of Innocent Americans' Locations
Google has received multiple subpoenas to tell the identity of all person's known to have been within a certain broad area (several city blocks) at a certain time.
privacy  law  4thAmmendment  via:reddit 
december 2018 by mcherm
Iowa Supreme Court Closes Warrant Loophole, Slams U.S. Supreme Court For Weakening Fourth Amendment
Iowa has the same wording as the US Constitution but their Supreme Court has applied a different (better) interpretation of how it applies to searching an impounded car without a warrant.
4thAmmendment  law 
august 2018 by mcherm
ACLU lawsuit claims this California county criminalizes bad grades - Vox
Things like talking back to teachers or "pulling the race card" land you in a probation-like system, but one without 4th amendment protections.
kidsrights  law  vox  via:vox  4thAmmendment 
july 2018 by mcherm
Fifth Circuit Says No, You Fucking May Not Strip Search A Classful Of Female Students To Find $50 | Techdirt
Court: "When a whole class of 6th grade girls are strip searched without any particularized suspicion, the victims can sue the school even if the school didn't HAVE any policy on searches and therefore they can't claim the policy was unfair."
law  kidsrights  4thAmmendment  techdirt  via:Techdirt 
july 2018 by mcherm
Court Has No Problem With Multiple Invasive Probings In Search Of Drugs That Didn't Exist | Techdirt
Appeals court: if the police drag you to a hospital for no good reason and have doctors rape and probe you, you cannot sue anyone. The police didn't do it and the doctors were following orders, and the court won't allow discovery to find out just how the orders were given.
law  4thAmmendment  evil 
may 2018 by mcherm
Federal Judge Orders Man Released After SF Courts Repeatedly Fail to Follow Bail Law
Egregious right-to-reasonable-bail case. Homeless man held on huge bond despite repeated interventions by a higher court.
law  4thAmmendment  bail  via:reddit 
march 2018 by mcherm
Amazon won't say if it hands your Echo data to the government | ZDNet
Amazon has a huge number of government requests for information and won't say what it is for.
amazon  privacy  via:boingboing  surveillance  4thAmmendment 
january 2018 by mcherm
The End of the Road -
Dreamhost got a judge to cut back the overly broad demand for information on anyone who visited the site that organized a political march.
law  4thAmmendment  privacy  internet  Dreamhost  via:HackerNews 
october 2017 by mcherm
This Massachusetts Lawmaker Wants to Throw Folks in Prison for Having Secret Car Compartments - Hit & Run :
Ohio has a law criminalizing secret compartments in cars and Massachusetts may soon have one. It allows police to seize and keep the car.
forfeiture  law  via:reddit  4thAmmendment 
july 2017 by mcherm
Court Says Gov't Has To Give Back $167,000 It Seized During A String Of 4th Amendment Violations | Techdirt
Extending a stop by calling another police officer and telling THEM to stop the same vehicle is not allowed.
forfeiture  law  techdirt  via:Techdirt  4thAmmendment 
june 2017 by mcherm
ICE manhunt forces passengers to show ID to exit domestic flight – VICE News
Customs inspects IDs on a domestic US flight, not allowing people to get off the flight without showing ID.
immigration  4thAmmendment  TSA  via:boingboing 
february 2017 by mcherm
Ohio Arsonist Gets Busted By His Own Pacemaker | Techdirt
His pacemaker data history showed that his story about grabbing things quickly and running after the fire started wasn't plausible. Do we really want our implanted devices spying on us?
law  security  techdirt  via:Techdirt  surveillance  4thAmmendment 
february 2017 by mcherm
Engineering around social media border searches
A collection of ways to protect your social media accounts when crossing the border. Prominently featured are duress passwords and account lockouts.
security  politics  4thAmmendment 
february 2017 by mcherm
Michigan Lawmakers Looking To Amend State Constitution To Add Protections For Electronic Data | Techdirt
They're in the early stages of considering amending the state constitution to require a warrant for "houses, papers, possessions, and electronic data and communications" (the last item being the new one).
4thAmmendment  techdirt  via:Techdirt 
february 2017 by mcherm
Coinbase and the IRS – Medium
The IRS wants coinbase to send ALL data on ALL interactions with ALL customers. This is coinbase's response (they are contesting it).
law  taxes  4thAmmendment  privacy  security  coinbase  via:HackerNews 
january 2017 by mcherm
Obama Expands Surveillance Powers on His Way Out | Electronic Frontier Foundation
We don't need no warrants! Just let the NSA collect everything and send it to the Department of Justice! The Constitution is outdated anyway... aren't we better off run as a kingdom?
obama  security  nsa  surveillance  4thAmmendment 
january 2017 by mcherm
Internet Archive Calls Out FBI For Using Outdated NSL Boilerplate; Scores Removal Of Gag Order | Techdirt
The FBI is using boilerplate that says you can only appeal once per year (no longer true, the law was changed) and also sending NSLs to the Internet Archive which says it is a library (libraries are specifically exempted in the law authorizing NSLs).
national_security_letter  techdirt  via:Techdirt  law  4thAmmendment 
december 2016 by mcherm
Gap Between Wiretaps Reported By US Courts And Recipient Service Providers Continues To Grow | Techdirt
The courts report how many wiretaps were issued and some service providers report how many they received. The wiretaps received are off by more than 2x even if you make lots of excuses for how the data might be bad. Someone isn't reporting wiretap approvals, or is falsifying them.
4thAmmendment  law 
december 2016 by mcherm
IRS to Coinbase: please identify active US traders between 2013 and 2015 | Ars Technica
IRS is demanding a full list from Coinbase of everyone who bought or sold bitcoins in that time period.
4thAmmendment  coinbase  bitcoin  via:HackerNews 
november 2016 by mcherm
FBI Tests The Waters On Another Attempt To Force Apple To Unlock An iPhone | Techdirt
I say FBI isn't stupid enough to take Apple to court again over unlocking a cell phone, this time of a guy shot to death by a police officer.
mypostings  policeimmunity  policeabuse  4thAmmendment 
october 2016 by mcherm
Exclusive: Yahoo secretly scanned customer emails for U.S. intelligence - sources | Reuters
Apparently Alex Stamos, head of security at Yahoo, resigned over Yahoo's choice to spy on all of their customers' emails for the US government without even putting up a fight.
yahoo  security  ethics  4thAmmendment  privacy  via:LoweringTheBar 
october 2016 by mcherm
Federal appeals court: Stop using SWAT-style raids for regulatory inspections - The Washington Post
Police send full SWAT team and detain everyone in sight in handcuffs for a full hour... in order to check whether their barber's licenses are valid.
police  law  4thAmmendment 
august 2016 by mcherm
Official Tally of Wiretaps Belies Government Scare Stories About Encryption
Official government numbers say only a tiny handful of legally authorized wiretaps were stymied by encryption.
encryption  4thAmmendment  security  via:reddit 
july 2016 by mcherm
Police are filing warrants for Android’s vast store of location data | The Verge
Some law enforcement agencies are now subpoenaing location history from Google.
law  privacy  android  google  via:reddit  4thAmmendment 
june 2016 by mcherm
NYPD Using 'Nuisance Abatement' Law To Force Small Businesses To Install Cameras, Agree To Warrantless Searches | Techdirt
NY police are using a legal procedure with representation by only one side to shut down businesses unless they agree to permanently install cameras and allow warrantless inspections at that location forever.
law  surveillance  techdirt  via:Techdirt  4thAmmendment 
may 2016 by mcherm
DEA blasted for no-warrant searches of patient records, court battle heats up | Fox News
Drug enforcement agency claims they can examine any confidential doctor's records without the need for a warrant or probable cause.
4thAmmendment  privacy  via:reddit 
september 2015 by mcherm
DOJ Dismisses Case After Court Explains That Feds Can't Just Grab Someone's Laptop At The Border | Techdirt
Court rules the US government can't just fully search all files on a laptop just because they grabbed it at the border.
law  via:reddit  4thAmmendment  techdirt 
august 2015 by mcherm
The FBI's Own Surveillance Air Force - The Atlantic
Apparently the FBI has been spying from planes for years AND THEY DIDN'T TELL CONGRESS.
privacy  surveillance  law  4thAmmendment 
june 2015 by mcherm
"Safe Spaces" And The Mote In America's Eye | Popehat
A fabulous essay (and rant) against censorship and fear and the changes they have wrought in our society lately, stuffed full of excellent links to egregious examples.
via:popehat  philosophy  4thAmmendment  rights  censorship  fear 
may 2015 by mcherm
What Is The Quantum of Proof Necessary for Police to Rape and Torture you in New Mexico? | Popehat
When police forceably searched a man's rectum for drugs, they had a warrant. Yes, this was clearly rape, and apparently endorsed by our legal system based on incredibly flimsy evidence.
law  via:popehat  4thAmmendment  police  policeabuse  policeimmunity 
may 2015 by mcherm
Texas police searched people's butts during traffic stops. Legislators want them to stop. - Vox
Even the Texas legislature thinks it's a bad idea for police to routinely stop drivers and search up their butts while standing on the side of the road just because they "smelled marijuana".
via:vox  rights  4thAmmendment  law  politics 
may 2015 by mcherm
Toledo municipal court arrest warrants unconstitutional | The Columbus Dispatch
Apparently the entire city just decided that they didn't care about probable cause before issuing warrants. For 17 years.
4thAmmendment  via:HackerNews 
november 2014 by mcherm
Eric Holder Says He Regrets Lying To A Judge And Saying A Reporter Was A 'Co-Conspirator' But The Law Made Him Do It | Techdirt
Law says: "can't take journalist" s notes unless the journalist was helping with the terrorist attack". So the FBI lied to a judge, claiming that he was helping. The lie was, they claim, required by the law.
law  4thAmmendment  journalism 
october 2014 by mcherm
Police’s good faith exception: Courts keep expanding exception that gives police pass on illegal searches.
"Don't exclude the evidence because the police didn't know the search was illegal" plus not ruling on whether it is illegal effectively means the legality of searches can never be questioned.
4thAmmendment  law  via:reddit 
october 2014 by mcherm
Police Chief Accuses Secret Service Of Misconduct -
The local police say the secret service told them to wave a blank piece of paper when the citizen demanded to know if they had a warrant.
4thAmmendment  rights  via:HackerNews 
october 2014 by mcherm
Feds overwhelmingly use sneak and peeks in drug cases, not to fight terrorism | Privacy SOS
They wanted this power to fight terrorism but they use it only for fighting of the drug war.
4thAmmendment  via:reddit 
october 2014 by mcherm
New Surveillance Whistleblower: The NSA Violates the Constitution - Conor Friedersdorf - The Atlantic
John Napier Tye is another NSA spying whistleblower. He went through "proper channels" (and was ignored) and has broken no laws.
nsa  4thAmmendment  snowden  via:reddit 
july 2014 by mcherm
FBI withdraws national security letter following Microsoft challenge | Ars Technica
Microsoft contested the gag order provision of a national security letter. Apparently there is at least one court case (decision stayed pending appeal) that has ruled them illegal because it violates the first amendment rights. At any rate, the FBI backed off and let Microsoft off the hook (and got the data in a different way).
law  surveillance  privacy  4thAmmendment  microsoft  freespeech  ArsTechnica  via:ArsTechnica 
may 2014 by mcherm
Florida Cops' Secret Weapon: Warrantless Cellphone Tracking | Threat Level |
Police say: we didn't get a warrant to search the house because we didn't want to admit to a judge that we were using a fake cell tower (without a warrant). We couldn't admit that because we signed a non-disclosure agreement.
via:reddit  police  surveillance  4thAmmendment  wired 
march 2014 by mcherm
The Supreme Court Has Just Given The Police Another Way To Search Your House Without A Warrant | Techdirt
Just arrest the guy, take him away from the scene, then ask his roommate for permission.
4thAmmendment  law 
february 2014 by mcherm
Exclusive: U.S. directs agents to cover up program used to investigate Americans -
Secret US program searches data to find leads, then LIES to prosecutors and defense attorneys about how the investigation started.
law  4thAmmendment  via:HackerNews  overprosecution  politics 
august 2013 by mcherm
Using Metadata to find Paul Revere - Kieran Healy
Showing how metadata (like the US government was just revealed to have obtained for all US citizens) can be used to pick out individuals... like Paul Revere.
4thAmmendment  privacy  bigdata  surveillance  politics  via:HackerNews 
june 2013 by mcherm

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