Boy, is it Obama or is it just plain crazy that everyone needs to be over-inspected, over-surveilled, over-Facebooked, and now your animals over-killed if you have the wrong kind of piggies?
Oh yeah– this is from 2011– Warrants and Cell Phones
Cite as: 2011 (3) AELE Mo. L. J. 401
Criminal Law Section – March 2011
No Warrant Needed to Search a
Cell Phone Found on an Arrestee
Martin J. Mayer, Esq. and Chris F. Neumeyer, Esq.
The Law Firm of Jones & Mayer – Fullerton, CA
• Fourth Amendment warrant requirement and exceptions
• Delayed search following an arrest
• Limitations on warrantless search of cell phone
• Other jurisdictions
• How this affects your agency
DALLAS (CBSDFW.COM) – Think about all the personal information we keep in our cell phones: It’s something to consider after the U.S. Court of Appeals for the 7th Circuit ruled it is now legal for police to search cell phones without a warrant.
Former Dallas FBI Agent Danny Defenbaugh said the ruling gives law enforcement a leg up. “I think not only will it help them, but it could be life saving,” said the former Special Agent, who was based in Dallas.
The judge in the appeal case, Judge Richard Posner, agreed that the officer had to search the phone immediately or risk losing valuable evidence. Judge Posner ruled it was a matter of urgency, arguing it was possible for an accomplice to wipe the phone clean using a computer or other remote device.
Defenbaugh says the ruling takes into account exigent or time-sensitive circumstances that could be life saving in more urgent cases, such as child abduction. ”If the child is alive and you’re only minutes behind, that could be critical to recovering that child alive,” added Defenbaugh.
Judge Posner ruled that the search was legal because the officer conducted a limited search and only looked for phone numbers associated with the alleged drug deal. The judge argued it was similar to flipping through a diary to search for basic information such as addresses and phone numbers.
Paul Coggins is the former U.S. Attorney for the Northern District of Texas. Coggins says the court’s ruling pushes the envelope on privacy issues and wonders if it opens the door to more extensive searches down the road. “Does that mean officers now have the right to search through your phone, search through your search history, your photographs, your e-mails and the rest, because it could all be wiped clean,” Coggins asked.
Many critics are asking the same question. They call the ruling an invasion of privacy that far outweighs the needs of law enforcement.
Both Defenbaugh and Coggins agree that the case is likely to go to the U.S. Supreme court.
Obama admin wants warrantless access to cell phone location data
A Maryland court last week ruled that the government does not need a warrant to force a cell phone provider to disclose more than six months of data on the movements of one of its customers.
Two defendants had been accused of armed robbery, and a key piece of evidence against them was data about the movements of the pair’s cell phones. The defendants had sought to suppress this location evidence because the government did not get a warrant before seeking the data from network providers. But last Thursday, Judge Richard D. Bennett ruled that a warrant is not required to obtain cell-site location records (CSLR) from a wireless carrier.
Courts all over the country have been wrestling with this question, and the government has been on something of a winning streak. While one court ruled last year that such information requests violate the Fourth Amendment, most others have reached the opposite conclusion.
The Obama administration laid out its position in a legal brief last month, arguing that customers have “no privacy interest” in CSLR held by a network provider. Under a legal principle known as the “third-party doctrine,” information voluntarily disclosed to a third party ceases to enjoy Fourth Amendment protection. The government contends that this rule applies to cell phone location data collected by a network provider.
While this may be a plausible reading of previous precedents, the practical implications are alarming. While CSLRs are not as detailed as data that can be gathered via GPS, months of data can still reveal a host of sensitive information about a person’s movements. If the third-party doctrine allows the government to obtain such information without a warrant, that’s a strong argument for re-considering the third-party doctrine… [see link for entire story]
——————- Killing Piggies– “Invasive Species” Sounds like HSUS…..
Learn more: http://www.naturalnews.com/035372_Michigan_pigs_farm_freedom.html#ixzz1r6uuIiVU http://wp.me/pg2ou-3h2
(NaturalNews) The state of Michigan is only days away from engaging in what can only be called true “animal genocide” — the mass murder of ranch animals based on the color of their hair. It’s all part of a shocking new “Invasive Species Order” (ISO) put in place by Michigan’sDepartment of Natural Resources(DNR).
This Invasive Species Order suddenly and shockingly defines virtually all open-range pigs raised by small family farms to be illegal “invasive species,” and possession of just one of these animals is now a felony crime in Michigan, punishable by up to four years in prison.
The state has said it will “destroy” these pigs beginning in April, potentially byraiding local farms with government-issued rifles, then shooting the pig herds while arresting the members of the family and charging them with the “crime” of raising pigs with the wrong hair color. This may truly be a state-sponsored serial animal killing spree.
Reality check: You may think this story is some kind of early April Fools prank, but it isn’t. This is factually true and verifiable through the documents, videos and websites linked below. The state of Michigan seriously intends to unleash amass murder spree of pigs of the wrong colorbeginning April 1.
Yet these are the very pigs that farmers and ranchers in Michigan have been raisingfor decades. The state doesn’t seem to care about this, and there are indications thatthis ISO may have been nudged into position by the conventional pork industryas a tactic to wipe out its competition of local, specialty ranching conducted by small families and dedicated farmers who don’t work for the big pork corporations. (The Michigan Pork Grower’s Association.)
Hear the shocking interview and watch the family farm video…
I have recorded an exclusive interview withMark BakerfromBaker’s Green Acres– one of many ranching operations threatened with total destruction by state bureaucrats and this new Invasive Species Order. Listen to that interview here:
The Baker family has also recorded a video explaining their farming operation and how the state of Michigan is threatening to destroy their entire farming operation. Watch that stunning video (and spread the word about it) at:
Mark Baker, by the way, is a veteran of the United States Air Force. As a veteran of the U.S. armed forces, he served to protect the rights of others, yet he now finds his own rights and freedoms under assault by the state of Michigan. He told NaturalNews he is determined to protect his livelihood at all costs and to take a stand against tyranny in Michigan.