Showing posts with label warrantless search. Show all posts
Showing posts with label warrantless search. Show all posts

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

DUI Checkpoints Could Be A Thing Of The Past In N.D.

by Nicole Johnson.    If only the Fourth Amendment protected us from warrantless searches. DUI checkpoints in North Dakota could soon be a thing of the past. Sobriety checkpoints are used in North Dakota by police to deter drunk driving. But, lawmakers in Bismarck are talking about getting rid of them, saying there needs to be a reason to     ... MORE

ND Legislator Calls For End Of Sobriety Checkpoints

by Karee Magee.  Warrantless searches are an inefficient infringement. A bill that would eliminate sobriety checkpoints in North Dakota will appear before the Judiciary Committee Monday. House Bill 1084 says law enforcement would need reasonable suspicion before halting a vehicle. Sponsor, Rep. Rick Becker, R-Bismarck, said the bill questions    ... MORE

Police Union: Don't Mess With No-Knock Warrants

by Bernard Watson. Carrie Mills is a retired Atlanta Police officer with 30 years on the job - primarily in APD's drug unit. Mills is now a union rep for the International Brotherhood of Police Officers. She considers herself an expert on search warrants, particularly no knock warrants, which allows officers to enter a structure without knocking first. Mills says  ... 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

Brad Health: New Police Radars Can 'See' Inside Homes

Cops get new warrantless search tool.      At least 50 U.S. law enforcement agencies have secretly equipped their officers with radar devices that allow them to effectively peer through the walls of houses to see whether anyone is inside, a practice raising new concerns about the extent of government surveillance. Those agencies, including    ... MORE

N D Lawmakers Recognize Checkpoints Invade Privacy

One state concerned with individual liberty.  Some North Dakota lawmakers say sobriety checkpoints are a nuisance, and an invasion of privacy. They want to do away with them, saying there is a better way to catch drunk drivers than pulling people over by random. The Republican sponsored bill would require police to have reasonable suspicion  ... MORE

VIDEO: FOX NEWS - Warrantless Spying On Cell Phones

Jim Monk: N.D. Bill Would Ban Use Of Sobriety Checkpoints

"Reasonable suspicion," what a concept!        A bill in the North Dakota Legislature would prohibit the use of sobriety checkpoints. The Republican-sponsored measure says law enforcement may not perform a traffic stop unless the officer has "reasonable suspicion" of a violation. Senator Tom Campbell of Grafton says sobriety checkpoints    ... MORE

DUI Checkpoint: A Tactic To Avoid Warrantless Searches

Featuring the DUI Flyer video.    Is a DUI checkpoint a violation of fourth amendment rights? Interpretations vary, but some claim it amounts to a warrantless search, and they feel their rights are being violated every time they submit to one. YouTuber HONORYOUROATH says there’s an additional concern. He worries that, even if a driver   ... MORE

Kevin D. Williamson: Tinker, Tailor, Stalker, Spy

The NSA uses powers to spy on wives and girl friends.     A private investigator once explained to me why he always turned down husband-and-wife cases: If your marriage has gone so sour that the best course of action you can think of is hiring a guy to spy on your spouse, then you don’t need an investigator — you need a minister, a    ... MORE

'Tis The Season For Government Roadblocks In California

Warrantless searches to help spend $93 million grant.  What to do if stopped by a cop. 'Tis the season for DUI checkpoints and the California Highway Patrol is reminding you to think twice while you're out late with your friends this holiday season. Between December and January, more than 200 law enforcement agencies are armed    ... MORE

Congress OKs Codification Of Warrantless Surveillance

Fourth Amendment fast becoming toothless. Congress last week quietly passed a bill to reauthorize funding for intelligence agencies, over objections that it gives the government "virtually unlimited access to the communications of every American", without warrant, and allows for indefinite storage of some intercepted material, including      ... MORE

Sam Hananel: The Supreme Court Rules Traffic Stops Are OK Even When The Police Are Mistaken About The Law

Might is always right even when wrong. Police can use evidence seized during a traffic stop even if it turns out the officers initially pulled a car over based on a misunderstanding of the law, the Supreme Court ruled Monday. The 8-1 decision written by Chief Justice John Roberts said that such a stop does not violate the Constitution's protection  ... MORE

David Kravets: NSA Warrantless Bulk Phone Metadata Spying Continues Unabated Despite Obama's Pledge

Snooping against Americans reauthorized.    The NSA's bulk phone metadata spying program was renewed for another 90 days, the fourth time the warrantless snooping has been reauthorized following President Barack Obama promising reform last January, the government said Monday. That means the nation's telecoms will continue    ... MORE

Appeals Court Rips California DNA-Collection Law

by William Dotinga.      An arrest is not a conviction. For the second time in three years, a state appeals court in San Francisco found that a voter-approved mandate authorizing police to collect DNA from arrestees is unconstitutional. The 3-0 ruling by a panel of the First Appellate District stems from the arson conviction of Mark Buza, whom a jury     ... MORE

Duh! Texas Warrantless DWI Searches Are Unconstitutional

Court rules Fourth Amendment still applies.  A new rule in Texas will stop a warrantless search of a DWI suspect's blood. The Texas Court of Criminal Appeals says the move violates the Fourth Amendment. "We hold that a nonconsensual search of a DWI suspect's blood conducted pursuant to the mandatory-blood draw and implied-consent provisions in  ... MORE

Another Federal Grant To Fund Warrantless Searches

Cops get seed money to troll for violators.  Taxpayers fund their own harassment. The California Highway Patrol (CHP) has received a federal “Reducing Impaired Driving” grant, which will fund 150 sobriety checkpoints, 75 DUI task force operations, proactive DUI enforcement patrols through September 30, 2015, and at least 100 safety      ... MORE