Archive for the ‘Fourth Amendment’ Category

Justice Department cites Cleveland police for pattern excessive force and abuse

CLEVELAND, Dec. 4 (UPI) -- The city of Cleveland has agreed to implement sweeping police reforms after the U.S. Attorney General's office uncovered a lengthy history of excessive force and abusive behavior in the troubled department.

"The reality is that there are problems," Attorney General Holder said in an official statement, adding, "But I also think the people of Cleveland should have a sense of hope ... that these problems have been identified and that they can be rectified."

Among the Justice Department's key findings:

-- The unnecessary, excessive or retaliatory use of less lethal force including Tasers, chemical spray and fists;

Excessive force against persons who are mentally ill or in crisis, including in cases where the officers were called exclusively for a welfare check;

-- The employment of poor and dangerous tactics that place officers in situations where avoidable force becomes inevitable.

"The investigation concluded that there is reasonable cause to believe that Cleveland police officers engage in a pattern or practice of unreasonable and in some cases unnecessary force in violation of the Fourth Amendment of the Constitution," summarizes the Justice Department.

To revamp its department to contemporary standards, the city of Cleveland agreed to "develop a court enforceable consent decree that will include a requirement for an independent monitor who will oversee and ensure necessary reforms."

"Cleveland is not alone in its need to address police reform," Venita Gupta, acting Assistant Attorney General in the Civil Rights Division, told the Cleveland Plain Dealer.

"These investigations are keystones of Attorney General Holder's legacy, and I think it's very significant that he is coming to Cleveland with a backdrop of these national issues to talk about community policing and constructive reforms."

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Justice Department cites Cleveland police for pattern excessive force and abuse

Rand Paul Third Party Records Should Get Fourth Amendment Protection OReilly Factor 6 11 2013 YouT – Video


Rand Paul Third Party Records Should Get Fourth Amendment Protection OReilly Factor 6 11 2013 YouT
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Rand Paul Third Party Records Should Get Fourth Amendment Protection OReilly Factor 6 11 2013 YouT - Video

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...

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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
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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