Archive for the ‘Fourth Amendment’ Category

DOJ report says Ferguson PD routinely violated rights of African-Americans

The Ferguson Police Department routinely violated the constitutional rights of the local African-American population in the Missouri city for years, the Department of Justice has found in a searing report.

The investigation, launched after the August shooting of Michael Brown, an unarmed black teenager, found that the department violated the Fourth Amendment in instances such as making traffic stops without reasonable suspicion and making arrests without probable cause.

The report provides direct evidence of racial bias among police officers and court workers, and details a criminal justice system that through the issuance of petty citations for infractions such as walking in the middle of the street, prioritizes generating revenue from fines over public safety.

The practice hits poor people especially hard, sometimes leading to jail time when they can't pay, the report says, and has contributed to a cynicism about the police on the part of citizens.

The official release of the report could come as early as Wednesday. The details were provided to Fox News on Tuesday by law enforcement officials familiar with the department's findings.

The Justice Department alleges that the discrimination was triggered at least partly by racial bias and stereotypes about African-Americans, a violation of the 14th Amendment. The report details a November 2008 email on an official Ferguson municipal account which joked that President Obama would not be president for long because what black man holds a steady job for four years?

From 2012 to 2014, the report found, African-Americans comprised 85 percent of people pulled over for a traffic stop; 90 percent of those given citations; and 93 percent of arrests.

Also, African-American drivers were more than twice as likely to be searched during a traffic stop than white drivers, but that those black drivers were 26 percent less likely to be found to be holding contraband.

The report also accuses the Ferguson police of using unreasonable force in violation of the Fourth Amendment, and that 88 percent of those cases involved African-Americans.

Overall, blacks make up 67 percent of Ferguson's population.

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DOJ report says Ferguson PD routinely violated rights of African-Americans

Officials: DOJ report finds racial bias in Ferguson police

The Ferguson Police Department routinely violated the constitutional rights of the local African-American population in the Missouri city for years, the Department of Justice has found in a searing report.

The investigation, launched after the August shooting of Michael Brown, an unarmed black teenager, found that the department violated the Fourth Amendment in instances such as making traffic stops without reasonable suspicion and making arrests without probable cause.

The report provides direct evidence of racial bias among police officers and court workers, and details a criminal justice system that through the issuance of petty citations for infractions such as walking in the middle of the street, prioritizes generating revenue from fines over public safety.

The practice hits poor people especially hard, sometimes leading to jail time when they can't pay, the report says, and has contributed to a cynicism about the police on the part of citizens.

The official release of the report could come as early as Wednesday. The details were provided to Fox News on Tuesday by law enforcement officials familiar with the department's findings.

The Justice Department alleges that the discrimination was triggered at least partly by racial bias and stereotypes about African-Americans, a violation of the 14th Amendment. The report details a November 2008 email on an official Ferguson municipal account which joked that President Obama would not be president for long because what black man holds a steady job for four years?

From 2012 to 2014, the report found, African-Americans comprised 85 percent of people pulled over for a traffic stop; 90 percent of those given citations; and 93 percent of arrests.

Also, African-American drivers were more than twice as likely to be searched during a traffic stop than white drivers, but that those black drivers were 26 percent less likely to be found to be holding contraband.

The report also accuses the Ferguson police of using unreasonable force in violation of the Fourth Amendment, and that 88 percent of those cases involved African-Americans.

Overall, blacks make up 67 percent of Ferguson's population.

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Officials: DOJ report finds racial bias in Ferguson police

Criminal Procedure tutorial: Derivative Evidence and the Fourth Amendment | quimbee.com – Video


Criminal Procedure tutorial: Derivative Evidence and the Fourth Amendment | quimbee.com
A brief excerpt from Quimbee #39;s tutorial video on the rules governing when police interrogation may resume after Miranda rights have been effectively invoked....

By: Quimbee.com

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Criminal Procedure tutorial: Derivative Evidence and the Fourth Amendment | quimbee.com - Video

The Fourth Amendment Covers DNA Collection

San Francisco, CA - infoZine - EFF is asking the Supreme Court to hear arguments in Raynor v. State of Maryland, a case that examines whether police should be allowed to collect and analyze "inadvertently shed" DNA without a warrant or consent, such as swabbing cells from a drinking glass or a chair. EFF argues that genetic material contains a vast amount of personal information that should receive the full protection of the Constitution against unreasonable searches and seizures.

"As human beings, we shed hundreds of thousands of skin and hair cells daily, with each cell containing information about who we are, where we come from, and who we will be," EFF Senior Staff Attorney Jennifer Lynch said. "The court must recognize that allowing police the limitless ability to collect and search genetic material will usher in a future where DNA may be collected from any person at any time, entered into and checked against DNA databases, and used to conduct pervasive surveillance."

The sophistication and speed of DNA analysis technology is advancing exponentially as the costs of the technology drop. These advances, EFF argues, raise significant questions for privacy and civil liberties. DNA can reveal sensitive personal health information and can allow police to identify a person's relatives, turning family members into inadvertent "genetic informants" on each other. Some researchers have also postulated that DNA can determine race, sexual orientation, intelligence, and even political predispositions.

"Law enforcement should not be able to amass giant databases of genetic material they find lying around," EFF Senior Staff Attorney Hanni Fakhoury said. "The Supreme Court should review this case and consider it within the context of emerging technologies that could significantly affect the privacy rights of every American."

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The Fourth Amendment Covers DNA Collection

Fourth Amendment Video Project – Video


Fourth Amendment Video Project
Mr. Tupka period 7.

By: Kyle Cohen

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Fourth Amendment Video Project - Video