All articles tagged with #fourth amendment
Originally Published 2 months ago — by The Guardian
A Washington DC man, Sam O’Hara, who played Darth Vader’s theme during a protest against the deployment of national guard troops and was subsequently detained, has filed a lawsuit alleging his constitutional rights were violated, claiming false arrest and suppression of peaceful protest.
Originally Published 3 months ago — by ABC News - Breaking News, Latest News and Videos
A U.S.-born citizen, Leonardo Garcia Venegas, has filed a lawsuit against the federal government, claiming wrongful detention and arrest by immigration authorities based on racial profiling and policies that allegedly violate the Fourth Amendment. Venegas asserts he was detained twice despite showing valid identification, and the lawsuit seeks to address broader issues affecting other citizens and lawful residents subjected to similar treatment during immigration enforcement actions.
Originally Published 3 months ago — by NBC News
A lawsuit in Norfolk, Virginia, reveals that Flock Safety's license plate cameras logged a resident's location 526 times over four months, raising concerns about mass surveillance and privacy violations, with critics arguing that such tracking without warrants infringes on Fourth Amendment rights.
Originally Published 3 months ago — by yahoo.com
A lawsuit in Norfolk, Virginia, reveals that Flock Safety's license plate cameras tracked two residents' locations hundreds of times over four months, raising concerns about mass surveillance and privacy violations under the Fourth Amendment. The case highlights the widespread use of ALPR technology by law enforcement and private entities, and ongoing debates about privacy rights and legal limits.
Originally Published 4 months ago — by NBC News
The Supreme Court temporarily lifted a lower court's restriction on federal immigration patrols in Los Angeles, allowing them to conduct stops without specific suspicion, amid ongoing legal disputes over Fourth Amendment rights and immigration enforcement practices.
Originally Published 1 year ago — by NBC News
LaTanya Griffin has filed a federal lawsuit against the Okaloosa County Sheriff’s Office in Florida, alleging that deputies violated her Fourth Amendment rights by forcing her out of her home naked during the execution of warrants in 2019 and 2020. Griffin, who was not the target of the warrants, claims she was humiliated and seeks over $1 million in damages. The lawsuit names Sheriff Eric Aden and retired deputy Grady Carpenter as defendants, with Griffin's attorney calling the deputies' actions "abhorrent." The sheriff's office is already under scrutiny for other incidents involving excessive force and misconduct.
Originally Published 1 year ago — by The Hill
The House passed a bill requiring law enforcement and government entities to obtain a warrant before purchasing information from third-party data brokers. The legislation, named the Fourth Amendment is Not For Sale, aims to protect privacy and limit government access to commercially available data. Supporters argue that the bill reinforces Fourth Amendment protections, while opponents, including the White House and some lawmakers, express concerns about its impact on national security and law enforcement capabilities.
Originally Published 1 year ago — by AMAC Official Website - Join and Explore the Benefits
The House passed the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA) without a requirement for warrants when authorities want to search American citizens’ data, prompting concerns about civil liberties and government overreach. The bill's passage has sparked criticism from both sides of the political spectrum, with calls for increased safeguards and protections for citizens' privacy. Republicans are urged to win back the trust of the American people by addressing these concerns and demonstrating a commitment to protecting civil liberties while ensuring national security.
Originally Published 1 year ago — by The New York Times
Gov. Kathy Hochul plans to deploy hundreds of National Guard members and state police to conduct bag checks in the NYC subway system, raising questions about the legality and duration of the initiative. Riders can refuse a bag search under the Fourth Amendment if there is no reasonable suspicion of illegal activity or weapon possession. Hochul emphasized that the checks are meant to be a deterrent, but warned that those who refuse would have to leave the system.
Originally Published 2 years ago — by Fox News
The 9th Circuit Court of Appeals is set to decide whether the FBI's seizure of safe deposit boxes, containing $86 million in cash and valuable items, violated customers' Fourth Amendment rights. The FBI raided U.S. Private Vaults, a Beverly Hills business accused of money laundering, and initiated civil asset forfeiture proceedings against the boxes without charging the owners with any crimes. The Institute for Justice argued that the FBI exceeded the bounds of the warrant and violated individuals' rights. The appeal comes after a lower court ruled in favor of the FBI. The panel is expected to issue a decision in a few months.
Originally Published 2 years ago — by Gizmodo
A bipartisan group of lawmakers has introduced the Government Surveillance Reform Act (GSRA), which would require law enforcement agencies to obtain a warrant before conducting searches under Section 702 of the Foreign Intelligence Surveillance Act (FISA). Critics argue that the current lack of a warrant requirement for accessing the 702 database violates Americans' Fourth Amendment rights. The proposed legislation aims to update and modernize surveillance tools to keep pace with technological advances and strengthen privacy protections. The bill also includes provisions to prevent law enforcement from purchasing data from unregulated brokers and requires warrants for surveillance of Americans' location data, web browsing history, and communications with AI assistants. The bill has garnered support from rights organizations and is seen as a significant opportunity to protect Americans from warrantless government surveillance.
Originally Published 2 years ago — by Cointelegraph
The DeFi Education Fund has filed an amicus brief in support of an appeal against the IRS, arguing for the protection of cryptocurrency users' privacy rights under the Fourth Amendment. The brief highlights the unique aspects of blockchain technology and the need to revise the Fourth Amendment to balance law enforcement's investigative powers with individuals' right to financial privacy in the digital age. The case involves a court order in 2017 that forced Coinbase to hand over data from over 14,000 users, sparking a fight for stronger digital privacy rights. The decision in this case is expected to set a precedent for digital privacy rights and law enforcement measures in the United States.
Originally Published 2 years ago — by The New York Times
A federal judge has ruled that the Kansas Highway Patrol engaged in unconstitutional practices by targeting out-of-state drivers in traffic stops in hopes of finding drugs. The troopers used a tactic known as the "Kansas two-step," where they would initiate a conversation with the driver after the initial traffic stop, potentially leading to a search of the vehicle. The judge described this as a "war on motorists" and ordered the troopers to stop factoring in a driver's travel to or from a state where marijuana is legal as probable cause for a search. The ruling also proposed additional training for troopers and protections for drivers who agree to have their cars searched.
Originally Published 2 years ago — by Fox News
A federal judge has ruled that the Kansas Highway Patrol's "two-step" technique, used to search vehicles for marijuana, is unconstitutional and violates individuals' Fourth Amendment rights. The technique involved officers ending a routine traffic stop, returning to their cruiser, and then turning around to initiate a separate effort to search the vehicle for marijuana. The Kansas Highway Patrol has been accused of targeting out-of-state drivers, particularly from Colorado and Missouri where marijuana is legal, resulting in successful drug seizures and charges. The court ruling comes after a lawsuit filed by the American Civil Liberties Union of Kansas and individuals who felt exploited and intimidated by the patrol's tactics. The judge's decision highlights the importance of protecting constitutional rights and condemns the "cowboy mentality of policing."
Originally Published 2 years ago — by WDAF FOX4 Kansas City
A federal judge has ruled that the Kansas Highway Patrol's "Kansas Two Step" tactic, which involves detaining drivers without reasonable suspicion, is illegal and a violation of the Fourth Amendment. The tactic targets motorists with out-of-state license plates or those traveling to or from states where recreational marijuana is legal. After the initial purpose of the stop is resolved, troopers ask questions about travel plans without reasonable suspicion and then search vehicles for potential drugs. The judge ordered the highway patrol to stop this practice, stating that the agency has "waged war on motorists." The ACLU of Kansas, which filed the lawsuit, called the decision a significant win for motorists' constitutional rights.