Archive for the ‘Fourth Amendment’ Category

The Fourth Amendment in Extraterritorial and National Security Contexts – Video


The Fourth Amendment in Extraterritorial and National Security Contexts
Topics: The Fourth Amendment, extraterritoriality, national security exception, foreign intelligence exception Source: This video is archived from Surveillance Law, first offered by Stanford...

By: Jonathan Mayer

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The Fourth Amendment in Extraterritorial and National Security Contexts - Video

122712 Senate Votes on Fourth Amendment Protection Act – Video


122712 Senate Votes on Fourth Amendment Protection Act
News in World START EARN MONEY NOW!!! http://lin.kim/2BKxw.

By: News in World

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122712 Senate Votes on Fourth Amendment Protection Act - Video

Suit brings change in jail bookings

LAGRANGE A looming settlement in a federal class-action lawsuit has forced some Indiana jails to change the way they handle bookings, even as similar lawsuits work their way through the states courts.

Lawsuits have been filed in at least five counties alleging violations of Fourth Amendment rights. A lawsuit involving a LaGrange County man and woman who were arrested in 2008 near a meth lab is expected to be the first to be settled. Suits also are pending in Allen, Whitley, Clark and St. Joseph counties.

The cases have focused largely on the cost of loss of liberty and have exposed jail policies that violate the Constitution, The Times of Northwest Indiana reported.

In Whitley County, for instance, Huntington resident Lawrence Bickel sued the sheriff in 2008 after he was arrested without a warrant on a Thursday in 2006. Bickels detention was not judged to have probable cause until the following Monday, because the county had a policy of taking arrestees to court just once a week regardless of when they were detained.

In LaGrange County, where Amanda Strunk and Joshua Cleveland were held for three and seven days, respectively, Sheriff Terry Martin blamed the violations on the countys prosecutor and two judges.

We found out there was a problem. We corrected the problem, Martin said of a new policy he said was crafted with the cooperation of everyone but outgoing Prosecutor Jeff Wible. Everybody agreed on it except for one person.

The new policy requires his officers to sometimes lengthen their shifts to finish paperwork related to arrests by not only their departments officers, but others, as well.

Theres a lot of paperwork in law enforcement as it is, Martin said. Weve just added on.

Attorney Christopher Myers, of Fort Wayne, the lead attorney for plaintiffs in the lawsuits, said case law makes it clear that a sheriff is responsible for enforcing Fourth Amendment rights because he holds the key to the jail.

Myers said his law firm researched the issue after hearing from inmates around the state complaining their jail stints were too long.

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Suit brings change in jail bookings

Court: Texas Nonconsensual DWI Blood Draws Unconstitutional

Updated: Wednesday, November 26 2014, 07:33 PM CST

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 the Transportation Code, when undertaken in the absence of a warrant or any applicable exception to the warrant requirement, violates the Fourth Amendment," the court said in its decision released Wednesday.

This shouldn't impact Austin's "no refusal" blood draws during DWI crackdowns because those blood draws are done with a warrant by having a judge present.

CLICK HERE to read the court's decision.

We'll have more on this story in our 5 and 6pm newscasts.

Follow us on Twitter @keyetv and LIKE us on Facebook for updates!

Read more here:
Court: Texas Nonconsensual DWI Blood Draws Unconstitutional

Court: Texas Warrantless DWI Blood Draws Unconstitutional

Updated: Wednesday, November 26 2014, 07:33 PM CST

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 the Transportation Code, when undertaken in the absence of a warrant or any applicable exception to the warrant requirement, violates the Fourth Amendment," the court said in its decision released Wednesday.

This shouldn't impact Austin's "no refusal" blood draws during DWI crackdowns because those blood draws are done with a warrant by having a judge present.

CLICK HERE to read the court's decision.

We'll have more on this story in our 5 and 6pm newscasts.

Follow us on Twitter @keyetv and LIKE us on Facebook for updates!

Link:
Court: Texas Warrantless DWI Blood Draws Unconstitutional