Archive for the ‘Fourth Amendment’ Category

Beneficiary Of First Amendment Protections Says Fourth Amendment Shouldn’t Be Respected By Cops, Courts – Techdirt

from the you-absolute-idiots dept

The New York Post editorial team has apparently decided some rights are more important than others. The Post has the First Amendment right to publish its opinion on other rights, even when its clearly in the wrong. And its willing to do so because it has long enjoyed an unhealthy relationship with the citys police force, which often makes the Post appear to be part of the NYPDs PR unit.

A recent arrest of a 16-year-old rap artist has triggered the Posts editorial team. Not the arrest itself, which resulted in a struggle between NYPD officers and Camrin C Blu Williams that ended with an Williams allegedly shooting a cop by [checks report] shooting himself in the groin.

Heres how the NY Post reported the aftermath of the alleged shooting:

A 16-year-old reputed gangbanger charged in theshooting of an NYPD copwas ordered held on $200,000 bail Thursday despite a request by prosecutors that he be locked up.

Camrin Williams anup-and-coming rapperknown as C Blu was arraigned on charges of felony assault and criminal possession of a weapon in Bronx court for the Tuesday night tussle with police in Belmont that left a 27-year-old cop with a wounded leg.

He could also face an attempted-murder rap from a grand jury, law-enforcement sources said.

The Bronx prosecutor wanted Williams held without bail and tried as an adult. The judge Naita Semaj disagreed. It wasnt because Judge Semaj thought Williams was being treated too harshly. Its because the cops lied.

There was absolutely zero reason for any of those officers to approach this individual. They approached him, they detained him, they searched him, and no officer even bothered to come up with a halfway legitimate reason for any of that, Semaj said, making an emotional ruling in Bronx Supreme Court Tuesday.

Recordings of the incident contradicted testimony given by officers, who claimed Williams refused to take his hands out of his pockets when being questioned by police during their policing of a disorderly crowd. The judge noted the recording showed Williams being extremely cooperative and that it was officers that not only searched him without probable cause but escalated the situation.

While there is no disputing the fact that Mr. Williams had a gun on him that night He literally does everything you tell your child to do when theyre approached by cops. He literally kept his hands up. He literally tried to record to make sure there was proof. He answered questions he had no obligation to answer, Semaj said.

Without calling the testifying officer a liar, Judge Semaj called the officer a liar.

I cannot state how absolutely incredible his testimony was. It was inconsistent with the video, it was inconsistent with his fellow officers testimony, it was self-serving, it had no value, she said.

So, instead of being tried as an adult and held without bail, Williams is out on bail and will be tried as a juvenile. Somehow, police officer perjury has led the NY Post editorial board to call for an end of respect for the Fourth Amendment, both by police officers and the courts handling their cases. (Emphasis in the original.)

[Judge] Semaj seems to think that,even ifsomeone is doing something illegal, andeven iftheres no disputing it, a police officerstillcant make a quick decision based on intangibles to take action.She doesnt even seem to provide a definitive standard under which an officermighthave validly stopped and searched Williams.

If public orders to be restored, cops must be able to use their professional instincts on the street, in real-time. And no judge who thinks otherwise should be anywhere near criminal or even family court.

This is completely wrong and it basically calls for the Fourth Amendment to be ignored in favor of inarticulable hunches, allowing cops to work their way backwards from their stops and seizures should they happen to result in the uncovering of criminal evidence.

Heres Scott Greenfield, explaining one of the many ways this NY Post editorial board hot take is completely fucking stupid.

On the contrary, its not up to the judge to provide a definitive standard when the Constitution already does so. In the absence of probable cause, there is no authority to search and seize. Whether Williams was doing something illegal is irrelevant if the police are incapable of articulating the basis for their actions. Of course, here they tried, but the darn video proved they were lying about it. Thats a different problem.

But thats what the NY Post apparently believes: cops should have free reign to perform stops and seizures at their discretion. And any judge that attempts to hold them to constitutional standards should be removed from their position. That opinion is inconceivably stupid. And that its held by the entirety of the Posts editorial board is inexcusable. A beneficiary of constitutional rights shouldnt be declaring other rights less important than the ones that shield it from government overreach.

Filed Under: 4th amendment, c blu, camrin williams, illegal search, naita semaj, nypd, stop and frisk

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Beneficiary Of First Amendment Protections Says Fourth Amendment Shouldn't Be Respected By Cops, Courts - Techdirt

Now That Is Some Expensive Pot, Officer – Above the LawAbove the Law – Above the Law

Few things ruin a combo 21st birthday/New Years Eve party quite like a Fourth Amendment violation. Georgia police (read: taxpayers) were ordered to pay almost $1M after they arrested 65 people over an ounce of weed back in 2017. Which, besides being a violation of liberty, is just bad math an oz. only cost ~$320 in Georgia back then.And while charging guidelines allow for such a thing, I find it to be ridiculous.

While I personally do not dabble in the marijuanas, word from a trusted source told me that an ounce would cover about 14 people or so at a party. Said source added that For that to get 65 people charged, that would have to be the skimpiest joint you ever saw in your f*****g life. I found it necessary to include this additional information for the attorneys who are not currently admitted to practice in California and/or Oregon.

Gerald Griggs, an attorney who works with the NAACP, stated that Its a very large settlement, so it sends a message to Georgia that if you violate somebodys civil rights, the NAACP and civil rights attorneys will hold you to task and protect those young peoples rights.

And thats a beautiful thing. But some are more focused on the interpersonal realities of having the cops barge into your party and handcuff several basketball teams worth of young adults over what would appear to be oregano from a small distance.

Deja Heard, the birthday-haver whose party was crashed over what was likely some mid, stated that I literally was in shackles from my arms, and they were tied around my ankles as well it was very traumatic. Its an issue not just with Blacks. I feel like this is an issue with everyone in my community with corrupt police[.] She walked away from her ordeal with some easy-to-implement reform strategies for the badged among us.

Its OK to be wrong sometimes. And were all human, we all make mistakes. Just going forward, correct yourselves. Apologize. I mean, yes, a settlement, like I said Im very greatly appreciative of it, but no one has actually sat down and said that we apologize for being in the wrong, were sorry for what we did to you, were sorry for treating you inhumane,

And while most of the attendees of her party were Black, shes right. While there are clear racial discrepancies in how it pans out, overpolicing and liberty violations impact us all. While there is much talk about how unarmed Blacks are disproportionately shot and killed by police, because its true, the gross number of people murdered by those meant to protect them are more sunburned than sunkissed.

Occasionally, when people talk about police conduct and apples in varying conditions of goodness, the word complicity gets thrown about. Were all complicit in a lot of things worth speaking out on, like America being one of the largest slave nations in the history of our species past or present despite all of our liberty talk, or being all for democracy assistance promotion so long as its not on our soil, the list goes on.

But when you think about systemic complicity in abstract terms, it can be hard to comprehend what complicity looks like in a real, tactile way. Weve seen examples of geopolitical complicity acknowledgement recently, with firms jumping to announce that theyre dropping their Russia matters in an act of solidarity. When it comes to race and policing in America, I wonder what it would look like if we changed what our complicity with policing patterns looks like. Its pretty obvious what was wrong here: knowing that, barring some Matthew 15:32-39 scenario, there was no way that 65 people each owned the same bag of weed, yet charging them for it anyway. Prosecutors okaying penalties for sisters, brothers, cousins kids, really and the only thing approaching an apology is the police department saying that theyll keep doing their jobs. Shouldnt we as a profession be more vocal when stuff like this happens? We should expect better of the cops and prosecutors who charge and enforce the stuff we rushed to learn in crim law.

Because young people are out there living with the consequences of it. While this group of 65 young adults got some measure of redress, you best believe there are legion of others who only got more of [We] will continue to honor the 4th Amendment, which protects people from unreasonable searches. And while I wish the interaction went more like this, can we just federally legalize the damned plant already? Please and thanks.

Police Ordered To Pay Nearly $1M Settlement After Arresting 65 Young People At House Party [WSBTV]

Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord in the Facebook groupLaw School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim,a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email atcwilliams@abovethelaw.comand by tweet at@WritesForRent.

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Now That Is Some Expensive Pot, Officer - Above the LawAbove the Law - Above the Law

Expanded drone delivery taxis toward takeoff with new FAA recommendations – FreightWaves

A new report by an FAA aviation rulemaking committee (ARC) has drone operators feeling sky-high.

Under current regulations, drone delivery services must operate within the visual line of sight of the operator, necessitating the use of a ground-based observer either on foot or in a vehicle. Consequently, drone delivery trips are shorter than most operators would like them to be because flights in the air are limited by terrain and infrastructure on the ground.

But according to last weeks ARC report, that may not be the case for much longer. Established by the FAA in June, the Beyond Visual Line of Sight (BVLOS) ARC delivered a set of recommendations to the aviation authority, including a push for a case-by-case approach to BVLOS operations.

Key recommendations from the committee include:

If the FAAs handling of previous regulations like Remote Identification provision or the Operations over People rule are any indication, it will be one to two years before the agency follows through on BVLOS. But industry stakeholders believe it is a step in the right direction.

Unlocking BLVOS will have a tremendous impact on the world, opening up opportunities only dreamed about in science fiction, John Vernon, chief technology officer of ARC member company DroneUp, told Modern Shipper. This reports feedback and commonsense proposals represent the best from the technology, aviation, municipal and societal leaders and provide a solid list of recommendations to rule-makers.

Currently, the FAA awards BVLOS waivers on a conditional basis, but so far only 86 have been issued since March 2018, with many going to research and development programs rather than commercial services. That means that only a handful of companies each year have been able to test drone deliveries longer than a mile or two.

But according to Zipline, another ARC member, the value of drone delivery is highest when drones can travel longer distances: We appreciate the hard work by the FAAs beyond visual line of sight aviation rulemaking committee. Enabling long-distance autonomous flight is a critical step forward making safe, clean, on-demand delivery available to all and ensuring Americas continued leadership in the skies, the company told Modern Shipper.

Yariv Bash, CEO of Flytrex, also sees plenty of potential. But its a very hard problem which will take tons of time to solve because the sky is already filled with humans flying airplanes, and you dont want to jeopardize that, Bash said. Aviation is one of the safest industries, and its important to keep it that way.

Having said that, the FAA is really investing a lot of effort into solving [BVLOS regulations], so I think that in the next two to three years, thats going to be solved as well. And then the skys the limit for drone deliveries.

Flytrex is in the business of delivering to homes via drone, airdropping drinks, groceries and hot food like chicken wings directly into customers backyards. While Flytrexs local deliveries would be largely unaffected by the BVLOS recommendations, Bashs experience with FAA regulations gives him hope that the organization will follow through.

I think that the FAA took a very holistic approach, and its doing it with commercial drone deliveries in a very different way than most other regulators in the world, he explained. Theyre investing an order of magnitude more resources into solving this, and were already seeing the fruits of that investment.

The FAAs efforts to promote commercial drone delivery began in 2017 with the launch of the Integration Pilot Program, an initiative that aimed to bring state, local and tribal governments together with private-sector drone operators and manufacturers.

That program, of which Flytrex was a member, concluded in October 2020 before the FAA launched a new program, BEYOND, which included most of the same participants. BEYOND aims to certify drones as if they were normal aircraft, and the initiative is nearing completion for several member companies.

The next big move by the FAA was the introduction of Remote Identification (RID) provisions. The final RID rule, published in January 2021, mandates that all unmanned aircraft heavier than 0.55 pounds be equipped with beacons that transmit identification and location data to the FAA and law enforcement.

Developed with safety in mind, that regulation helped improve the visibility of operations and again moved the commercial drone industry forward.

Its like adding license plates to cars back in the 1920s, Bash remarked.

Also published in January 2021 and amended two months later was the Operations Over People rule, which does exactly what its name implies: It permits drone flights over people and in busy areas, as well as at night under certain conditions. That provision took effect last April.

Thats not to say its all clear skies for the FAA. The administration is currently contending with a lawsuit challenging the RID regulations, alleging that the provision violates the constitutional rights of recreational drone users under the Fourth Amendment.

The suit, backed by drone equipment retailer RaceDayQuads, lays out the argument that first-person-view drone racers, who often cannot afford expensive RID equipment and typically fly in RID noncompliant locations like their backyards, would be subject to unreasonable searches from the government for flying on their own property.

However, the BVLOS ARC recommendations figure to make life easier for both hobbyists and fledgling drone companies trying to find their wings.

I think [BVLOS is] the last largest barrier to the market, Bash explained. It doesnt mean that a new company entering will be able to scoot through everything and just start operating. But once you start to structure everything and remove all the unknowns from that process, it really helps a lot.

Drone Racing League now an FAA-approved drone event organizer

DroneUp acquires airspace traffic management company AirMap

Elroy Air, AYR Logistics partner to use drones for humanitarian aid

The leading voices in supply chain are coming to Rogers, Arkansas, on May 9-10.

*limited term pricing available.

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Expanded drone delivery taxis toward takeoff with new FAA recommendations - FreightWaves

OWL ROCK CAPITAL CORP : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance…

Item 1.01. Entry into a Material Definitive Agreement.

On March 11, 2022, ORCC Financing IV LLC, a subsidiary of Owl Rock CapitalCorporation, executed a Fourth Amendment to the Credit Agreement, dated as ofAugust 2, 2019, by and among ORCC Financing IV LLC, as borrower, SocitGnrale, as administrative agent, State Street Bank and Trust Company, ascollateral agent, collateral administrator and custodian, Cortland CapitalMarket Services LLC, as document custodian, and the lenders party thereto. Theamendment extends the reinvestment period from April 1, 2022 until October 3,2022 and the stated maturity from April 1, 2030 to October 1, 2030. Theamendment also changed the applicable interest rate from LIBOR plus anapplicable margin of 2.15% during the reinvestment period and LIBOR plus anapplicable margin of 2.40% after the reinvestment period to term SOFR plus anapplicable margin of 2.30% during the reinvestment period and term SOFR plus anapplicable margin of 2.55% after the reinvestment period.

The foregoing description is only a summary of certain of the provisions of theAmendment and is qualified in its entirety by the underlying agreement, which isfiled as Exhibit 10.1 to this current report on Form 8-K and is incorporated byreference herein.

Item 2.03. Creation of a Direct Financial Obligation.

The information set forth under Item 1.01 above is incorporated by referenceinto this Item 2.03.

Item 9.01. Financial Statements and Exhibits.

--------------------------------------------------------------------------------

Edgar Online, source Glimpses

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OWL ROCK CAPITAL CORP : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance...

Notes from the IAPP, March 11, 2022 – International Association of Privacy Professionals

This was an eventful week for privacy in United States federal court.

First, the U.S. Supreme Court declined to hear Alphabets attempt to dismiss a lawsuit filed by company stakeholders, which alleges the company fraudulently concealed a security glitch that left user data vulnerable. Second, Facebook agreed to settle a class-action lawsuit claiming it had gathered information about Android users call and text messages, but the settlement terms have not been finalized. Third, a class-action lawsuit was filed in federal court in New York against HBO over allegations that it shared consumers watch lists with Facebook without their consent. Lastly, a decision by a federal district court judge in Virginia ruled police violated the Fourth Amendment when it collected Google location data to find people near the scene of a 2019 bank robbery. The case could make it harder for police to obtain warrants to collect tracking data from cellphones to find people close to a crime scene.

State law was also top-of-mind for privacy stakeholders this week.

The Chief Justice of the Missouri Supreme Court advocated before state lawmakers to pass the Judicial Privacy Act, a piece of legislation that prohibits publicizing or displaying of judges' personal information. The Chief Justice cited the fact that judges are becoming increasingly vulnerable to harassment online and at home, citing attempted murders of judges and their families and an assassination attempt of a Texas judge. If passed, Missouri would join 11 other states which have passed a version of the Judicial Privacy Act.

The Virginia General Assembly ended its 2022 regular legislative session and sent two bills to the governors desk which amend the Virginia Consumer Data Protection Act. One of the bills modifies consumers "right to delete" personal data held by third party controllers into a "right to opt out of processing." The other bill contains three amendments. First, it authorizes the Virginia attorney generals office to seek actual damages in court for aggrieved consumers. Second, it exempts any political organization from the law. Lastly, it gives the Virginia attorney general flexibility in enforcing the law by deeming whether a cure for alleged violations are possible.

A California lawmaker introduced a bill to strengthen Californias data broker law, one of only two in the nation. The bill requires stricter rules for data brokers annual registration and reporting requirements while increasing the penalties for violations. The bill also expands enforcement authority to include California Privacy Protection Agency in addition to the California Department of Justice.

In other news, the FTC announced a first-of-its-kind order this week, TikTok neared a deal to localize U.S. users data domestically, and the SEC signaled that it may tighten breach reporting requirements.

WW International, a diet and fitness provider, reached a $1.5 million settlement with the Federal Trade Commission over allegations it had violated the Childrens Online Privacy Protection Act. As part of the settlement, the FTC also issued a first-of-its-kind order that WW International destroy previously collected personal information and products associated with the alleged COPPA violations.

TikTok and Oracle neared a deal to store U.S. consumers personal data without allowing access by TikToks Chinese parent company, ByteDance. Discussions between the two companies began in September 2020 following concern that TikToks U.S. operations ran through China. The deal is not yet final as it awaits approval through the Committee on Foreign Investment.

The U.S. Securities and Exchange Commission proposed a rule that would require publicly traded companies to report cyberattacks within four days. Reporting for companies would require them to disclose if any data was stolen, the steps taken to address the attack and how business operations were affected. Also, a company would have to periodically update investors about the material effects the attack had.

It was a busy week in U.S. privacy, and well keep you updated on these and other related stories as they develop.

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Notes from the IAPP, March 11, 2022 - International Association of Privacy Professionals