Archive for the ‘Fourth Amendment’ Category

Drew Clark: Threats to cloud computing require a solution from the 18th century

The Fourth Amendment to the Constitution articulates the right of Americans sources of private informational documents to be secure "against unreasonable searches and seizures." We need this principle to address threats to cloud computing.

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SALT LAKE CITY As a medium of expression that blossomed in popular consciousness in the late 1990s, the Internet is beginning to reach its adolescent years.

We've evolved from static Web pages to social networking to "cloud computing," which means that personal documents aren't stored on our computers and smartphones but on servers throughout the world.

And yet citizens' security in their digital possessions has never been more threatened. Fortunately, there are two bills one co-sponsored by Utah Sen. Orrin Hatch, the other co-sponsored by Utah Sen. Mike Lee that go a long way to restoring constitutional protections for Internet information.

It's important at the outset to dispense the shibboleth that the Internet changes everything. What the Internet needs is a strong dose of 18th century legal wisdom, not words about "freedom of expression in the 21st century," to quote the chairman of the Federal Communications Commission during last Thursday's vote by the agency on network neutrality.

The Constitution says that we have the right to be secure in our "persons, houses, papers and effects." We have the right to speak free from regulation by the government. There are some who say that the Internet has rewritten the laws of supply and demand, or changed common decency and morality, or altered the possibility of being free from police surveillance. They are mistaken.

The Fourth Amendment to the Constitution articulates the right of Americans sources of private informational documents to be secure "against unreasonable searches and seizures." This doesn't prevent the government or the police from obtaining information upon probable cause or reasonable suspicion; it simply bars the issuance of general warrants.

On Feb. 4, a bipartisan group of senators and representatives introduced the Electronic Communications Privacy Amendments Act of 2015. The bill we are introducing today protects Americans digital privacy in their emails, and all the other files and photographs they store in the cloud," said Sen. Patrick Leahy, D-Vermont, who has long been seeking to update this law that first passed in 1986.

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Drew Clark: Threats to cloud computing require a solution from the 18th century

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