Archive for the ‘Fourth Amendment’ Category

It Costs Less to Care

By Guest Contributor on May 09th, 2014

Editor,

Criminalizing homelessness raises constitutional concerns. For example, some courts uphold that begging is protected under the First Amendment as freedom of speech. When police search the belongings of a homeless person without a search warrant, they could be violating the Fourth Amendment right to be free from unreasonable searches and seizures.

Jailing and imposing penalties on homeless people for sleeping in public or loitering when they have nowhere else to go, could be a violation of the Eighth Amendment right to be free from cruel and unusual punishment.

For sure criminalizing homelessness does nothing to deter homelessness. It only makes it infinitely more difficult for the homeless person to get on their feet and for those trying to help them.

If someone has broken the law they deserve to be punished, but criminalizing homelessness exacerbates the problem. I believe we in Laguna are capable of something better than this.

Utah has reduced its number of chronically homeless by 74 percent. They are out to end homelessness in their state by 2015.

They found that it cost less to give away apartments with wrap around services to the homeless than it did to criminalize them. They calculated the cost of ER visits, police calls, ticketing and jailing cost more than an apartment with a caseworker. This is all documented on line for anyone wanting verification.

With all the creative minds in Laguna surely we can at least match what was done in Utah.

Jessica deStefano, Laguna Beach

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It Costs Less to Care

Is Big Brother Listening? Applying the Fourth Amendment in an Electronic Age – Video


Is Big Brother Listening? Applying the Fourth Amendment in an Electronic Age
Maryland State National History Day 2014 Noah Pritt, Spencer Paire, Emily McGovern and Priya Stepp.

By: NHD Videos

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Is Big Brother Listening? Applying the Fourth Amendment in an Electronic Age - Video

I-Team: Do police seek search warrant friendly judges?

LAS VEGAS -- Could police be playing favorites when it comes to getting search warrants signed by local magistrates? An I-Team investigation shows one judge has signed nearly twice as many warrants this year, as any other judge.

The Fourth Amendment prevents police from entering your home or seizing your property without obtaining a warrant signed by an impartial magistrate.

But one expert the I-Team spoke with questions whether judges with strong ties to law enforcement can truly be impartial. Why do certain judges sign lots of warrants for police, while other sign hardly any.

Law enforcement officers went to Las Vegas Justice Court for search warrants more than 2,000 times last year. Each warrant has to be signed by a judge whose job it is to impartially review the facts before approving it. But can a judge who's married to a police officer be impartial when signing warrants for that officer's department?

A judge has to be neutral and detached and somebody who is married to a police office is not neutral and detached. Period, said John Wesley Hall, a Fourth Amendment expert.

Hall is a lawyer who runs a Fourth Amendment blog and wrote reference books on search and seizure law. He is referring to Judge Melanie Andress-Tobiasson who is married to a career Metro officer who retired last summer. When the I-Team asked Las Vegas Justice Court for numbers on how many warrants were signed by each magistrate Andress-Tobiassons name was at the top of the list.

She signed the greatest number of warrants by a margin of nearly 2 to 1 over the judge with the next highest figure.

I-Team reporter Glen Meek: Do you think the fact that your husband was a career Metro officer tends to prompt police to call you more often for a search warrant?

Tobiasson: Absolutely not. Absolutely not. And I can tell you, though he's retired now probably most of the officers on the department don't even know my husband.

If police seek certain judges for warrants and not others it can create the appearance of judge shopping. It's not illegal, but it can make the process seem unfair and begs the question of why police should favor some judges over others.

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I-Team: Do police seek search warrant friendly judges?

Enforcement Techniques For Violations Of The Fourth Amendment – Video


Enforcement Techniques For Violations Of The Fourth Amendment

By: Investigations

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Enforcement Techniques For Violations Of The Fourth Amendment - Video

Fourth Amendment Searches And Seizures – Video


Fourth Amendment Searches And Seizures

By: Investigations

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Fourth Amendment Searches And Seizures - Video