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Former President Trump's legal counsel said on the Mark Levin Show that he's preparing to file a Fourth Amendment-related legal challenge "very soon" against the Department of Justice in relation to the Mar-a-Lago raid.

James Trusty, a former federal prosecutor, said that Trump's legal team is going to "weigh in very strong and very hard," stating that they are going to be "attacking" the search warrant used in the FBI's raid on the former president's Florida estate.

"It should be something that gets publicly filed. So the whole United States will get to read this thing," Trusty said regarding the action the former president will take. As for the timing of the move, Trusty said Monday is a "possiblity" but added "it's probably going to be more like hours."

"It's coming very soon," he said.

FEDERAL COURT RULES DOJ MUST RELEASE INTERNAL MEMO TO THEN-AG BARR STATING TRUMP DIDN'T OBSTRUCT JUSTICE

Former U.S. President Donald Trump leaves Trump Tower to meet with New York Attorney General Letitia James for a civil investigation on August 10, 2022 in New York City. (James Devaney/GC Images)

"You know, the Fourth Amendment requires particularity. It requires narrowness to the intrusion on the person's home. And this warrant had language in it. And keep in mind, all we've seen is a warrant and an inventory. But the warrant has language in it about if you find a classified document, you can take the whole box around, it and you can take any boxes near it. And that's really the functional equivalent of a general search. There's just no limit to that kind of scope in the warrant," Trusty said on the Mark Levin Show.

Trusty said that Trump is "entitled" to a specific inventory list of what was taken from Mar-a-Lago, and went on to say that the property receipt, which was publicly released, is a "very vague document."

"We are way behind in terms of the government playing fair and giving us the details that we're entitled to," Trusty said.

He also called it "perplexing" that FBI agents grabbed items such as attorney-client privileged information and passports belonging to the former president.

Agents from the FBI executed a search warrant on Trump's Florida estate on Aug. 8 and seized items, which include 11 sets of material that are listed as classified, as well as some that were marked as top secret.

Trump has denied that any of the materials in his possession at Mar-a-Lago were classified.

Trump's attorney also called for a "judicial intervention" at the district court level that "can help us vindicate the First Amendment rights of the president," adding "we're going to come out swinging."

JUDGE SCHEDULES HEARING ON UNSEALING FBI MAR-A-LAGO SEARCH RECORDS

Former U.S. President Donald Trump speaks at the Conservative Political Action Conference at the Hilton Anatole on Aug. 6, 2022 in Dallas, Texas. (Brandon Bell/Getty Images)

Trusty called for a third party to get involved with the goal of stopping the Justice Department "in their tracks when it comes to inspecting these documents."

"They shouldn't have anybody filter team or not, looking at these materials right now because of the nature of this search and the misrepresentations, frankly, that we're getting from the DOJ about why they did the search and even how they conducted it," Trusty said on the Mark Levin Show.

He said that this is "bizarre territory" and said that it is "worrisome territory in terms of the historic precedent of it," also stating that there are large amounts of documents that were taken that are subject to privilege.

"We think there's a legitimate large swath of potential documents subject to privilege, and we're not willing to just take it on faith," Trusty said.

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Donald Trump leaves NYC post FBI raid on Mar-a-Lago resort (Felipe Ramales: Fox News Digital)

Trump previewed the legal challenge on Friday in a Truth Social post, stating that a "major motion" would soon be filed.

"A major motion pertaining to the Fourth Amendment will soon be filed concerning the illegal Break-In of my home, Mar-a-Lago, right before the ever important Mid-Term Elections. My rights, together with the rights of all Americans, have been violated at a level rarely seen before in our Country. Remember, they even spied on my campaign. The greatest Witch Hunt in USA history has been going on for six years, with no consequences to the scammers. It should not be allowed to continue!," Trump said.

Adam Sabes is a writer for Fox News Digital. Story tips can be sent to Adam.Sabes@fox.com and on Twitter @asabes10.

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Trump legal counsel vows 'Fourth Amendment based' challenge to Mar-a ...

The City of Jackson will be reinstating time-restricted parking within the city starting in January, according to Mayor Scott Conger.

After a federal appeals court ruled in April that chalking tires without a warrant was a violation of the fourth amendment, city officials had no way to enforce the two-hour parking limit in many downtown parking spotsleaving the numerous two-hour parking signs to be little more than street-side dcor.

The lack of monitoring has caused a problem for local businesses, however, as downtown employees or residents fill short-term parking meant for shoppers, resulting in very little downtown parking for commerce or tourism.

Weve been working with the new downtown development director, and we met with downtown businesses and parking attendants about what we could do, said Conger, following deliberations about the change at the last city agenda review meeting. People will park and just be inside buildings all day. And we have a lot more business downtown now and more commerce, so we really needed to figure out a way to implement that again.

More:Downtown Jackson is picking back up, but the people need to sustain it | Opinion

The rules will now be enforced via license plate scanners, not chalk markings, which Conger says will be implemented by parking attendants with the Jackson Police Department.

Well be contacting businesses and downtown residents about it in the coming months, so theres little confusion, Conger said.

Frequent long-term downtown parkers arent out of luck, however, as Beth Ann Simpson, the new Jackson Downtown Development Corporation Director, is working with City Planning Director Stan Pilant on increased public awareness on free, unrestricted parking.

Were in the initial stages, but what we were hearing from people who live and work downtown was that theres not enough parking, Simpson said. Theres this perception of no parkingthats been a conversation for years. But there are actually plenty of parking spots. Its just a matter of educating people on where those spots are.

Simpson says its more of a conversation on convenience, and less on availability.

I think often people want to park right in front of the door theyre walking in, she explained. And so this is really an educational opportunity to just create better signage, both digitally and physically, to better communicate parking issues. It kind of feels like a great first big project for JDDC.

Throughout the coming months, the JDDC will be working to create a more accessible mapand better public signageto help tourists and residents find parking options amongst downtowns five public, unlimited parking lots.

More:A tale of three shops: Turntable Coffee shop new location anchors revitalization downtown

Were working on a better map of the five lots, and were creating better signage indicating where those are, she said. (Freeing up short term parking) encourages people who are just stopping in to downtown that they can park closebut those who are working downtown, or live in the buildings, they can park on the fringe.

Simpson stated that downtown residents will be given a special parking tag so they can park close to their residences.

Increasing walking downtown will also increase commerce, Simpson added.

We want to create walkability so that, when you park in the Jackson Energy Authority lot or something and you walk down an alleyway, you realize how walkable it actually is, she said. And it increases business trafficyou walk past businesses you didnt realize were there. So trying to educate folks through signage and digital communication that downtown is very walkable is really key.

While the final map wont be available by the January implementation, Conger is positive that the move will help downtown health.

This seemed like a logical first step, he said. Nothing we do is an end-all-be-alleverything we do is progress and trying to figure out what the next step is. So this is the first step in trying to enhance the parking of downtown.

Have a story to tell? Reach Angele Latham by email at alatham@gannett.com, by phone at 731-343-5212, or follow her on Twitter at @angele_latham.

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Jackson downtown parking will return to two-hour limit - The Jackson Sun

By Anne Toomey McKenna, University of Richmond,via The Conversation

Government agencies and private security companies in the U.S. have found a cost-effective way to engage in warrantless surveillance of individuals, groups and places: a pay-for-access web tool called Fog Reveal.

Fog Reveal enables law enforcement officers to see patterns of life where and when people work and live, with whom they associate and what places they visit. The tools maker, Fog Data Science, claims to have billions of data points from over 250 million U.S. mobile devices.

Fog Reveal came to light when the Electronic Frontier Foundation (EFF), a nonprofit that advocates for online civil liberties, was investigating location data brokers and uncovered the program through a Freedom of Information Act request. EFFs investigation found that Fog Reveal enables law enforcement and private companies to identify and track people and monitor specific places and events, like rallies, protests, places of worship and health care clinics. The Associated Press found that nearly two dozen government agencies across the country have contracted with Fog Data Science to use the tool.

Government use of Fog Reveal highlights a problematic difference between data privacy law and electronic surveillance law in the U.S. It is a difference that creates a sort of loophole, permitting enormous quantities of personal data to be collected, aggregated and used in ways that are not transparent to most persons. That difference is far more important in the wake of the Supreme Courts Dobbs v. Jackson Womens Health Organization decision, which revoked the constitutional right to an abortion. Dobbs puts the privacy of reproductive health information and related data points, including relevant location data, in significant jeopardy.

The trove of personal data Fog Data Science is selling, and government agencies are buying, exists because ever-advancing technologies in smart devices collect increasingly vast amounts of intimate data. Without meaningful choice or control on the users part, smart device and app makers collect, use and sell that data. It is a technological and legal dilemma that threatens individual privacy and liberty, and it is a problem I have worked on for years as a practicing lawyer, researcher and law professor.

U.S. intelligence agencies have long used technology to engage in surveillance programs like PRISM, collecting data about individuals from tech companies like Google, particularly since 9/11 ostensibly for national security reasons. These programs typically are authorized by and subject to the Foreign Intelligence Surveillance Act and the Patriot Act. While there is critical debate about the merits and abuses of these laws and programs, they operate under a modicum of court and congressional oversight.

Domestic law enforcement agencies also use technology for surveillance, but generally with greater restrictions. The U.S. Supreme Court has ruled that the Constitutions Fourth Amendment, which protects against unreasonable search and seizure, and federal electronic surveillance law require domestic law enforcement agencies to obtain a warrant before tracking someones location using a GPS device or cell site location information.

Fog Reveal is something else entirely. The tool made possible by smart device technology and that difference between data privacy and electronic surveillance law protections allows domestic law enforcement and private entities to buy access to compiled data about most U.S. mobile phones, including location data. It enables tracking and monitoring of people on a massive scale without court oversight or public transparency. The company has made few public comments, but details of its technology have come out through the referenced EFF and AP investigations.

Every smartphone has an advertising ID a series of numbers that uniquely identifies the device. Supposedly, advertising IDs are anonymous and not linked directly to the subscribers name. In reality, that may not be the case.

Private companies and apps harness smartphones GPS capabilities, which provide detailed location data, and advertising IDs, so that wherever a smartphone goes and any time a user downloads an app or visits a website, it creates a trail. Fog Data Science says it obtains this commercially available data from data brokers, permitting the tool to follow devices through their advertising IDs. While these numbers do not contain the name of the phones user, they can easily be traced to homes and workplaces to help police identify the user and establish pattern-of-life analyses.

Fog Reveal allows users to see that a specific mobile phone was at a specific place at a specific time. (Electronic Frontier Foundation, CC BY)

Law enforcement use of Fog Reveal puts a spotlight on that loophole between U.S. data privacy law and electronic surveillance law. The hole is so large that despite Supreme Court rulings requiring a warrant for law enforcement to use GPS and cell site data to track persons it is not clear whether law enforcement use of Fog Reveal is unlawful.

Electronic surveillance law protections and data privacy mean two very different things in the U.S. There are robust federal electronic surveillance laws governing domestic surveillance. The Electronic Communications Privacy Act regulates when and how domestic law enforcement and private entities can wiretap, i.e., intercept a persons communications, or track a persons location.

Coupled with Fourth Amendment protections, ECPA generally requires law enforcement agencies to get a warrant based on probable cause to intercept someones communications or track someones location using GPS and cell site location information. Also, ECPA permits an officer to get a warrant only when the officer is investigating certain crimes, so the law limits its own authority to permit surveillance of only serious crimes. Violation of ECPA is a crime.

The vast majority of states have laws that mirror ECPA, although some states, like Maryland, afford citizens more protections from unwanted surveillance.

The Fog Reveal tool raises enormous privacy and civil liberties concerns, yet what it is selling the ability to track most persons at all times may be permissible because the U.S. lacks a comprehensive federal data privacy law. ECPA permits interceptions and electronic surveillance when a person consents to that surveillance.

With little in the way of federal data privacy laws, once someone clicks I agree on a pop-up box, there are few limitations on private entities collection, use and aggregation of user data, including location data. This is the loophole between data privacy and electronic surveillance law protections, and it creates the framework that underpins the massive U.S. data sharing market.

Without robust federal data privacy safeguards, smart device manufacturers, app makers and data brokers will continue, unfettered, to utilize smart devices sophisticated sensing technologies and GPS capabilities to collect and commercially aggregate vast quantities of intimate and revealing data. As it stands, that data trove may not be protected from law enforcement agencies. But the permitted commercial use of advertising IDs to track devices and users without meaningful notice and consent could change if the American Data Privacy Protection Act, approved by the U.S. House of Representatives Committee on Energy and Commerce by a vote of 53-2 on July 20, 2022, passes.

ADPPAs future is uncertain. The app industry is strongly resisting any curtailment of its data collection practices, and some states are resisting ADPPAs federal preemption provision, which could minimize the protections afforded via state data privacy laws. For example, Nancy Pelosi, speaker of the U.S. House of Representatives, has said lawmakers will need to address concerns from California that the bill overrides the states stronger protections before she will call for a vote on ADPPA.

The stakes are high. Recent law enforcement investigations highlight the real-world consequences that flow from the lack of robust data privacy protection. Given the Dobbs ruling, these situations will proliferate absent congressional action.

Anne Toomey McKennais a Visiting Professor of Law at theUniversity of Richmond. This article is republished from The Conversation under a Creative Commons license. Read the original article.

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What is Fog Reveal? Legal scholar explains app some police forces are using to track people without warrant - Study Finds

A Marion County judge gave the order releasing Caden Smith, who is charged with killing three friends on the south side last October.

INDIANAPOLIS A teenager accused of killing three people last year is at home with an ankle bracelet, instead of behind bars.

A Marion County judge gave the order releasing Caden Smith, along with throwing out key evidence in the case.

Family members of the victims call that decision dangerous and say they're frustrated with the courts. They expected to be in a courtroom Monday, watching justice begin to play out.

"He was just a really good person, great father, loyal to his family. He's just truly missed," said Michael James Jr.'s mother, Gladys Larsen.

It's been one year since Larsen was murdered, one of three young men shot multiple times and left in a field on the south side of Indianapolis.

"Surreal," said Michael James Sr. "I've experienced losses, but nothing like this."

His parents are stunned that a judge recently let his accused killer out of jail.

Smith's trial, which was originally supposed to start Monday, has been stalled. The judge in the case released the teenager with a GPS ankle monitor. He's at home and just can't leave the state.

"I'm at disbelief. Really puzzled," James said.

"I just don't understand how and why this is being allowed," Larsen added.

Smith is accused of killing James, Abdulla Mubarak and Joseph Thomas on two separate days last October.

According to court documents, IMPD detectives say they found the gun matching bullet fragments in the boys' bodies in Smith's home on West Thompson Road, along with a bulletproof vest, bags of drugs and several cell phones with internet searches like "Does freezing a gun remove DNA" and "How many deaths is considered a mass murder."

But Marion County Judge Jennifer P. Harrison recently ruled that law enforcement violated Smith's Fourth Amendment rights in the search warrant, even though the original warrant was signed and approved by another judge.

Harrison also suppressed key evidence in the case, including the alleged murder weapon.

Family members, including the mother of Michael's young children, call the decision dangerous.

"I've got kids here and now I've got to sit here and think if this kid cuts off his anklet, is someone gonna get him in time before he's gone?" she asked. "And now I have to worry about my kids."

"I think it is very dangerous," Larsen said. "You find the murder weapon in someone's home and you set them free on GPS? Who's to say this is not going to happen again? Who's to say he's not going to seek revenge on family members? There are a lot of variables here we are very concerned about. I am actually a former Chicago police officer and I do not put anything past Caden Smith."

The Marion County Prosecutor's Office objected to Smith's release and Indiana's attorney general has now filed an appeal in the case. Prosecutors also asked for, and were granted, a stay in the case until the appeal is heard.

Attorneys are set to meet again in January.

Family members of the young men killed say they just want justice.

"We have to put things in motion so we can get Caden Smith back behind bars where he belongs before he hurts someone else," Larsen said.

"I'm just in disbelief, because these three young men don't have a chance to share love and be with their families anymore," James added, "because a lot of families were affected by this heinous act."

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Accused killer sent home in Indianapolis triple murder trial; evidence thrown out - WTHR

SALT LAKE CITY The Utah Court of Appeals has reversed a sex offender's conviction after they say prosecutors failed to notify him they'd charged him or were prosecuting him.

In to a 74-page document filed by the Utah Court of Appeals on Friday, Judge Ryan Harris said the appellant, Chad Hintze, wasn't made aware of a charge against him for two years.

The charge, according to the documents, stemmed from an incident in June of 2016 in which Hintze and a teenage girl were eating and sitting on a park bench along the Jordan River Trail. Hintze and the girl were approached by three uniformed officers on bike patrol.

Hintze wasn't permitted to be there because he was convicted of attempted unlawful sexual activity with a minor in 2011. He was required to register as a sex offender following that incident.

For the 2016 incident, Hintze was ultimately charged by the state with one count of violation by a sex offender of a protected area.

Judge Harris' opinion in the documents goes on to say the state did not immediately file charges against Hintze.

In March of 2017, Hintze was charged with forcible sexual abuse, which is considered a second-degree felony. This incident happened in a separate and unrelated case. In August of 2017, Hintze was sentenced to a prison term of zero-to-five years based on that conviction.

"He should have spent separate times in jail for his two separate offenses," said Danielle Ahn, a candidate for Salt Lake County District Attorney.

Instead, Ahn says, he was punished for just the incident that took place in 2017.

It's something Ahn says is unacceptable.

"It's an injustice to the defendant, it's an injustice to the community and to the victim," she said.

FOX 13 News sat down with Salt Lake County District Attorney Sim Gill Monday afternoon. He said the 2016 case involving Hintze was filed in 2018, which is within the two-year statute of limitations.

"When this case was filed, he had apparently been gone to prison, so we filed the charges, we asked for a warrant," said Gill.

Looking back on the case, Gill said Hintze was not served that warrant until the Board of Pardons was reviewing his case, while Hintze was housed in Kane County.

As for the Utah Court of Appeals decision, Gill says another issue brought up pertaining to that 2016 case was the underlying issue of the initial police contact, and whether that violated Hintze's Fourth Amendment rights in terms of probable cause.

"There was a hearing that was done, that at that time, the state prevailed on that," Gill said. "Tthe court ruled and they overruled."

FOX 13 News asked Gill about Hintze's status and if he was a free man at the moment, but the DA said he didn't know whether Hintze was in custody or not.

Bethany Crisp is the outreach coordinator with the Utah Coalition Against Sexual Assault.

"We just help, you know, create that statewide collaboration," she said.

Crisp said that in her line of work, victims often have a difficult and traumatic time when reporting crimes against them.

"The Rape, Abuse and Incest National Network show that more than two out of every three sexual assaults go unreported," she said.

Crisp said some victims go through a lengthy trial only to then see the perpetrator walk free, which she says also makes it difficult for many of them to decide if they want to want to report that kind of crime or not.

"That's why this matter of reporting and making sure that people feel comfortable reporting is a public health concern," said Crisp.

In a split ruling, judges ruled that Hintze's Sixth Amendment right to a speedy trial was violated. On that basis, they decided to reverse the conviction and remand with instructions to dismiss the charge from 2016.

FOX 13 News also spoke with former federal judge Paul Cassell about the dismissed case.

"So this was a case in which the DA'S office had filed charges and then took no action for two years to move the case forward," said Cassell, who is now a criminal law professor at the University of Utah, "And so if we're looking for who's responsible for the delay here, the Utah Court of Appeals has said the Salt Lake DA'S Office is the one that's ultimately responsible for moving this case forward and failed to do so."

Cassell went on to say that if the charges had been filed properly, it could have prevented the other crime from taking place.

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Utah Court of Appeals reverses sex offender's conviction, claiming state failed to prosecute case for 2 years - FOX 13 News Utah