illegal-search

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ACLU Sues After Illinois Mayor Has Cops Raid Guy Parodying Him on Twitter

Countless parody Twitter accounts have been created over the years — British PetroleumMark Zuckerberg, the NSAthe Queen of England and even God.

In each case, the target of the account either did nothing in response or simply requested that the owner of the account clearly label it a fake.

Not the mayor of Peoria, Illinois, however.

Mayor Jim Ardis directed his city manager to use the police to hunt down the author of a parody account about him and threatened Twitter with litigation unless it suspended the account, which it did. Now a man who was raided and arrested for creating the account is suing the mayor, a former police chief, and others for violating his constitutional rights.

Jonathan Daniel, 29, created the Twitter account @peoriamayor in March and used it primarily to amuse his friends by retweeting their comments as the mayor. Daniel sent out satiric tweets that contradicted the mayor’s clean-cut image by conveying the mayor as having a preoccupation with sex, drugs, and alcohol. Though he also sent out tweets from the account, he labeled it a parody account three days after he created it, and the account was only active 10 days before it closed.

The matter didn’t end there, however. Peoria police obtained two warrants, under false pretenses the ACLU alleges, to obtain the subscriber IP address used with the Twitter account and to get Daniel’s home address from his internet service provider.

They also obtained a search warrant and on April 15 raided Daniel’s home while the defendant was at work and seized several computers, phones and other electronic devices while Daniel’s roommates were present. Police also arrived to Daniel’s place of employment where they searched him before arresting him for falsely impersonating a public official and taking him to the police station for interrogation. Daniel was only released after demanding to speak with a lawyer, but police refused to return his mobile phone or other property to him.

Illinois law defines false personation of a public official as someone “knowingly and falsely represent[ing] himself or herself to be … [a] public officer or a public employee or an official or employee of the federal government.”

But according to the ACLU, the provision only criminalizes false representations made in person. “Illinois courts require as an element of the offense that there be an intent to deceive the public that the impersonator is acting in the official capacity of a public official,” the organization notes in its complaint. But Daniel’s account “was not reasonably believable as conveying the voice or message of the actual mayor,” the group wrote, and Daniel had “no intention of deceiving people into believing the account was actually operated by a representative of the mayor or the mayor himself, and no reasonable person could conclude such an intent from the content of the tweets or the Twitter account’s profile page.”

PA Cop Who Squeezed Teen's Testicles So Hard He Needed Surgery Back At Work (VIDEO)

PA Cop Who Squeezed Teen’s Testicles So Hard He Needed Surgery Back At Work (VIDEO)

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We all remember the case of the illegal “stop and frisk” in Philadelphia that resulted in 16-year-old Darrin Manning needing emergency surgery on one of his testiclesdue to a female police officer squeezing it so hard. We later found out that Manning and other teens from Mathematics, Civics, & Science Charter High School were simply on their way to a basketball game for their school when the…

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“YOU HAVE THE RIGHT TO BE FREE OF UNREASONABLE SEARCHES AND SEIZURES” IV AMENDMENT OF THE U.S. CONSTITUTION

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” IV AMENDMENT U.S. CONSTITUTION

OFFICERS ARE NOT YOUR FRIENDS THEY WANT TO ARREST YOU

It always happens, you are pulled over for a traffic violation, or in many instances depending on race, for nothing at all.  Police officer starts off making small talk, acting as though he is your friend.  What you don’t realize is the police is actually making several observations while he is talking to you that have nothing to do with a traffic citation.

The officer is engaging you in conversation, first to see if your speech is slurred or if he can smell alcohol or any foreign substance on your breath.  Second, he wants to observe whether or not you are extremely nervous or apprehensive, which will suggest you are hiding something or may have something illegal in your vehicle.  Third, as he is talking to you he is looking inside your vehicle to see if he can see anything illegal in “Plain View” which is an exception to the requirement that an officer first obtain a search warrant before searching your vehicle.

RIGHT TO REFUSE CONSENT TO SEARCH

Everyone needs to understand you never have to give consent to law enforcement to search your vehicle under the law.  Typically, if an officer requests that you allow him to search your vehicle, it usually means he does not have legal “probable cause” to conduct the search, or has not found anything illegal in “Plain View” that would allow the officer to conduct the search without a warrant.  The officer will say all sorts of things to try to get you to allow him to search the vehicle.  “You don’t have anything to hide, do you?"  "It will only take a minute and you will be on your way."  "You fit the description of someone who just committed a crime and I want to make sure you don’t have anything in your vehicle.”, etc. etc. etc.


If an officer asks to search your vehicle, politely say NO.  If the officer has legal grounds to search the vehicle, he will search it anyway, regardless of whether or not you give him permission.  Fortunately, many officers use recorders or have video cameras in their cars that record the conversations.  If you are arrested for something found in your vehicle, when you did not give the officer consent to search your vehicle, or the officer had no “legal basis” to search your vehicle, a competent attorney can obtain the recordings and have the evidence thrown out of court due to a IV Amendment Illegal Search and Seizure violation.

MEDICAL MARIJUANA CARD HOLDERS

For those of you who legally possess a medicinal marijuana card, don’t think this card gives you an unfettered right to drive and smoke marijuana in the car.  If an officer pulls you over and smells marijuana, he has a legal right to search your vehicle for contraband, even if you have a medicinal marijuana card to determine whether you are driving under the influence of alcohol or drugs.

If you are driving your vehicle and are under the influence of marijuana, the officer has the right to arrest you for driving under the influence, and still search your vehicle “Incident to the Arrest” even if you lawfully possess a marijuana card.  Driving under the influence of marijuana is illegal!

I recommend that even if you legally possess a marijuana card, you should transport the marijuana in the trunk of your vehicle.  This is because if the officer approaches your vehicle and smells marijuana, even if you are not smoking it, he now has probable cause to conduct a search of the vehicle.  If the marijuana is in your trunk, it is highly unlikely the officer will smell the marijuana, and it is unlikely the officer will search your car on that basis.

NEVER GIVE CONSENT TO SEARCH

In closing, never give officers consent to search your vehicle, even if you think there is nothing illegal in your vehicle or you have nothing to hide.  If anything, you’ll be as lucky as this driver and send the officer away mad and frustrated.  The shorter your interaction with the officers, the more likely it is that you will go home.  #Best #Lawyer

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Photographer Both Praised and Criticized for Ending Unlawful Search in 7 Seconds

For more than a decade, Brooklyn-based professional photographer Shawn Thomas has been an outspoken activist for photographers’ rights to photograph and record in public on the streets of New York City. In the process, he has been arrested and jailed at least six times but never convicted of any crime.

This week, Thomas is making headlines again after posting a video showing how he put an end to an “unlawful search” in just 7 seconds while pointing a camera at officers.

(Continue Reading)

A longer version of the video can be watched here

Cops can only search your car without a warrant for these 5 reasons.

1) If you consent, police naturally have a right to search your car.

2) “Plain view” also gives an officer the okay to search your car. “If an officer approaches your car and on the passenger seat he notices a baggie of marijuana … based on regular activities — meaning he doesn’t have to search too hard” then the pot is considered to be in plain view, Daniel Kron said.

3) The third reason is “search incident to arrest,” according to Daniel Kron. Basically, if an officer arrests you with probable cause, he or she can then search your vehicle.

4) Your car can be searched if an “officer has probable cause to suspect a crime,” Daniel Kron said. For example, it’s not illegal to have blood on your front seats, to have a black eye, or to have a ripped-up purse in the car. But all those things in conjunction could be suspicious to an officer.

5) Lastly, “exigent circumstances,” allow a warrantless search. Before an officer receives a warrant, he can “break every rule if he suspects the evidence is about to be destroyed,” Daniel Kron said. (pay close attention to this one)

taken from http://www.businessinsider.com/what-rights-do-you-have-when-pulled-over-2013-11

seattle.cbslocal.com
Lawsuit: Man Arrested, Searched For Marijuana Solely For Having Colorado License Plate

An Idaho state trooper arrested and fully searched a 70-year-old Washington man’s vehicle solely because he had a Colorado license plate – a state where marijuana is legal – a federal “license plate profiling” lawsuit alleges.

Darien Roseen was driving along I-84 between his second home in Colorado and Washington state on Jan. 25 when Idaho State Trooper Justin Klitch “immediately” pulled out from the Interstate median and began “rapidly accelerating” to catch up to Roseen, according to the complaint in a Courthouse News Service report. Exiting at a designated rest area, Roseen says he became “uncomfortable” that Klitch had followed him though he not “done anything wrong.”

After pulling Roseen over, Klitch reportedly failed to explain why he made the stop, although he later said he made the stop because Roseen failed to use his signal when pulling off on the exit, and because he bumped the curb. Klitch rejected Roseen’s reason for pulling into the rest area, telling him, “You didn’t have to go to the bathroom before you saw me … I’m telling you, you pulled in here to avoid me.”

The complaint states that Klitch asked Roseen why his eyes “appeared glassy,” while failing to ask him for his proof of insurance, registration, or returning to his vehicle to verify Roseen’s license. He then accused Roseen of “having something in his vehicle that he should not have.”

“After Mr. Roseen identified his possession of valid prescription medications, Trooper Klitch asked him, ‘When is the last time you used any marijuana?’ thereby assuming that Mr. Roseen had, in fact, used marijuana and inferring that he had used it recently,” according to the complaint.

Klitch repeatedly asked to search Roseen’s vehicle as he accused him of “hiding” something. And when Roseen did not grant him permission, Klitch threatened to bring in a drug-sniffing dog and characterized Roseen’s behavior as “consistent with a person who was hiding something illegal.”

Finally consenting to a search of “parts” of the vehicle to get “back on the road faster,” Roseen says that this proved to be a mistake.

“When Mr. Roseen opened the trunk compartment, and despite the strong gusts of wind and precipitation that day, Trooper Klitch claimed he could smell the odor of marijuana,” the complaint states. “Mr. Roseen stated that he could not smell the odor of marijuana that Trooper Klitch claimed to be coming from the trunk compartment.”

Calling in an additional police officer, Klitch said the aroma gave him cause to search the entire vehicle, and Roseen was detained in the back of Klitch’s vehicle, but was told he was not under arrest despite having been read his Miranda rights.

A federal judge issued a stern rebuke Friday to the Federal Bureau of Investigation’s method for breaking up an illegal online betting ring. The Las Vegas court frowned on the FBI’s ruse of disconnecting Internet access to $25,000-per-night villas at Caesar’s Palace Hotel and Casino. FBI agents posed as the cable guy and secretly searched the premises.

The government claimed the search was legal because the suspects invited the agents into the room to fix the Internet. US District Judge Andrew P. Gordon wasn’t buying it. He ruled that if the government could get away with such tactics like those they used to nab gambling kingpin Paul Phua and some of his associates, then the government would have carte blanche power to search just about any property.

“Permitting the government to create the need for the occupant to invite a third party into his or her home would effectively allow the government to conduct warrantless searches of the vast majority of residents and hotel rooms in America,” Gordon wrote in throwing out evidence the agents collected. “Authorities would need only to disrupt phone, Internet, cable, or other ‘non-essential’ service and then pose as technicians to gain warrantless entry to the vast majority of homes, hotel rooms, and similarly protected premises across America.”

Mississippi Bill Would Make It Legal For Cops To Enter Homes And Kill Pit Bulls Just Because

Mississippi Bill Would Make It Legal For Cops To Enter Homes And Kill Pit Bulls Just Because

If there is one dog that has been unfairly maligned, it’s the pit bull. Its history is as a nanny dog. Pit bulls are wonderful with children, but still, because some have been taught to fight and others have gone without proper training, Americans fear them.

If you have a pit bull, you likely pay more for homeowner’s or renter’s insurance. You might have had a more difficult time finding a…

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I want this LL back.

6,600 people including 3,000 Americans were subjected to electronic device searches at the border by DHS, all without a search warrant ~

in the 18-month period beginning October 1, 2008, more than 6,600 people – roughly half of whom are American citizens – were subjected to electronic device searches at the border by DHS, all without a search warrant.

read more: Homeland Security’s laptop seizures: Interview with Rep. Sanchez - Glenn Greenwald - Salon.com

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The Wall Street Journal revealed today that phone tracking devices are being used to gather data on individuals without warrant and sometimes without probable cause.

In addition to GPS tracking personal vehicles, this sort of data gathering allows the government unrestrained transgression of rights provided for by the Fourth Amendment.  If the government can mow down Constitutional Rights, they can do anything.

You won’t even know that you’re being tracked unless - or until - you do something wrong.  In the guise of national security, the American people have unwittingly given up individual rights to privacy.

Those who sacrifice liberty for safety, deserve neither.  Where do you stand?

 

ibtimes.com
Who Is Charnesia Corley? Texas Woman To Sue Police Over Vagina Search In Public After Traffic Stop
A 21-year-old African-American woman from Spring, Texas, plans to file a federal lawsuit against the Harris County Sheriff’s Department over a vaginal search that a policewoman conducted on her in public -- in full view of bystanders. A lawyer for Charnesia Corley said the woman's vehicle was pulled over at a Texaco gas station June 21 for allegedly running a stop sign. The driver was eventually placed on the pavement, stripped and digitally penetrated by a female officer, in full view of gas station customers, the Houston Chronicle reported. Police eventually charged Corley with possession of 4 ounces of marijuana that was not found inside the woman's body, but police would not disclose exactly where they found the pot, the Chronicle reported.

Senator accuses CIA of illegal search of Congress computers

A senior US senator on Tuesday accused the Central Intelligence Agency of illegally searching computers of Senate staff members who were investigating a CIA interrogation program.

Dianne Feinstein, the powerful chairwoman of the Senate Intelligence Committee, angrily denounced the actions of the CIA, accusing it of seeking to “intimidate” lawmakers from holding the spy agency accountable.

“I have grave concerns that the CIA’s search may well have violated the separation of powers principles embodied in the United States Constitution,” Feinstein said in a dramatic speech on the Senate floor.

Shortly after Feinstein’s speech, CIA director John Brennan denied her allegations.

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Racial Profiling in Fayetteville, NC

Rapper Xstrav was arrested last week for drinking an Arizona Iced Tea in the parking lot of a Fayetteville liquor store while filming footage for a music video.

He was charged with resisting an officer and trespassing.  The charges have not yet been dropped.  (more)

rt.com
NYPD going harder on the war on freedom.

According to Commissioner Kelly, the scanners would only be used in “reasonably suspicious circumstances,” but what constitutes “suspicious” in the eyes of the NYPD could greatly differ from what the 8 million residents of the five boroughs have in mind.

What else is new, right?
They can stop you for having a gun, just so you never use it, right?
Eh, whatever.

aclu.org
Curious Cop Downloaded Hundreds of Private Prescription Records Because He Could

Today, the ACLU and ACLU of Utah filed an amicus brief in support of a Utah paramedic whose Fourth Amendment rights were violated when police swept up his confidential prescription records in a dragnet search. Law enforcement’s disregard for basic legal protections in the case is shocking.

The United Fire Authority (UFA) is Utah’s largest fire agency, with 26 fire stations in communities surrounding Salt Lake City. Last year, some UFA employees discovered that several vials of morphine in ambulances based at three fire stations had been emptied of medication. Suspecting theft, they called the police. At this point, one would expect police to interview firefighters and paramedics with access to ambulances at those three stations and try to draw up a reasonable list of suspects. But one detective had a different idea.

Within a day or two of receiving the theft report, a detective with the Cottonwood Heights Police Department logged into the Utah Controlled Substances Database and downloaded the prescription histories of all 480 UFA employees. The database tracks patients’ prescriptions for medications used to treat a long list of common medical conditions, and the records can reveal extremely sensitive health information. But unlike some other states, Utah doesn’t require police to get a warrant before accessing this private data. The detective took advantage of this loophole and obtained a great deal of confidential information without going to a judge or demonstrating any individualized suspicion.

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LL Cool J “Jingling Baby” 1990

Video Of A Year Old Police Confrontation With New York Police Shooter Surfaces (VIDEO)

Video Of A Year Old Police Confrontation With New York Police Shooter Surfaces (VIDEO)

Whether the killer is white, black, cop, or civilian, there is never an excuse for unprovoked killing, but it can sometimes be helpful as a society to try to take a peek inside the mind of a murderer if maybe it can help prevent another unjustified murder.

About a year ago, New York cop killer Ismaaiyl Brinsley posted a video to his Facebook page that showed an interaction he had had with law…

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