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Showing posts with label #4th Amendment. Show all posts
Showing posts with label #4th Amendment. Show all posts

Monday, July 20, 2015

#ISRAEL Prepares for #IRANDEAL DISASTER !

The IDF is seeking government commitment to a multi-year defense spending plan - a commitment that has been absent for the past several years - as it prepares to deal with the possibility of a covert Iranian attempt to break through to nuclear weapons production, a senior defense source said on Sunday.

The source said the IDF needs to assume that its most severe "reference scenarios" regarding Iran, Hezbollah, Hamas, and ISIS will come true, in order to correctly use the coming years to reshape the military, improve training, and make cost cutting reforms that include the shedding of 100,000 reservists and 5000 career soldiers.

Other proposed changes include military restructuring to create specialized war fighting and border security divisions that do not overlap one another.


The source spoke ahead of the publication of the findings of the Locker Commission, due on Tuesday, on the defense budget. The commission is expected to call on the IDF to reduce itself in size by a third - a recommendation defense sources described as being completely out of tune with Israel's security environment.

Decision-makers weighing the future defense budget will have to take stock of the current and future threats to Israel, the risk management system they wish to employ, and the national strategy to deal with threats. They will have to define "the results they want from the military," the source said.

Looking at the latest threat assessments, the source said, "I'm not saying this is what will happen, but we are preparing for a scenario in which, Iran after the agreement, moves into covert nuclear production." \\

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Monday, July 06, 2015

Standoff over #social #media passwords breaks new legal ground !

Alcede spent nearly seven weeks in jail for refusing a judge's order to share his social media passwords with the new... (AP Photo/Pat Sullivan) More.
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India Today
PM Narendra Modi's social mediadiplomacy can help Indo-China ties: Report
BEIJING: Prime Minister Narendra Modi's social media diplomacy in China can play a "constructive" role in Sino-India ties though no major progress ...
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Chron.com (blog)

Monday, June 01, 2015

Arrest Raises #Legal Questions About Smartwatches in Cars !

A Canadian man was fined $120 for using his Apple Watch while driving, Montreal’s CTV News reported. That raises a lot of questions about how smartwatches — and future wearable devices — fit into a growing number of state “distracted driving” laws that aim to ban texting, some phone calls and other electronic device use while driving.
 
U.S. Tried, Failed to Deploy Computer Virus in N. Korea
The United States tried to deploy a version of the Stuxnet computer virus to attack North Korea’s nuclear weapons program five years ago but ultimately failed, according to people familiar with the covert campaign. The operation began in tandem with the now-famous Stuxnet attack that sabotaged Iran’s nuclear program in 2009 and 2010 by destroying a thousand or more centrifuges that were enriching uranium.
 
Founder of ‘Silk Road’ Drug Site Gets Life in Prison
The convicted mastermind behind the world’s largest online narcotics emporium has been sentenced to life in prison without parole by a federal judge. The judge also ordered Ross Ulbricht, 31, to forfeit $184 million.
 
Level 3 Blocks Chinese Servers Linked to Hacking
Level 3 Communications Inc. has cut off data from reaching a group of servers in China that his company believed was involved in an active hacking attack. The Broomfield, Colo., company is taking an aggressive — and some say risky approach — to battling criminal activity. Risky because hackers often hijack legitimate machines to do their dirty work, raising the risk of collateral damage by sidelining a business using the same group of servers.
 
Websites Block Congress to Protest Patriot Act
Thousands of websites are blocking Congress’s access to their sites in a show of force to protest the Patriot Act. Led by the online activist group Fight for the Future, more than 10,000 sites have added code that redirects any visitors from Internet protocol (IP) addresses from Congress away from their site and towards a protest page.
 
U.N. Report Calls Encryption Necessary for Free Expression
A new report from the United Nation’s Office of the High Commissioner for Human Rights says digital security and privacy are essential to maintaining freedom of opinion and expression around the world — and warns that efforts to weaken security tools in some countries may undermine it everywhere. The report written by special rapporteur David Kaye says that encryption — the process of digitally scrambling information so that only authorized persons can access it — and anonymity tools “provide the privacy and security necessary for the exercise of the right to freedom of opinion and expression in the digital age.”
 


Wednesday, April 29, 2015

Is a #Police Dog Sniff During Traffic Stop Legal?

 BY 

 
Police officer conducts a drug dog sniff during a traffic stop after the business of the traffic stop was over. Was this legal or illegal?
See Rodriguez v. United States, Doc. No. 13-9972 (04/21/2015).

Tuesday, January 06, 2015

#BREAKING #NEWS #FBI Says No Warrant Needed to Spy on CELL PHONES

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The Federal Bureau of Investigation is taking the position that court warrants are not required when deploying cell-site simulators in public places. Nicknamed "stingrays," the devices are decoy cell towers that capture locations and identities of mobile phone users and can intercept calls and texts.
The FBI made its position known during private briefings with staff members of Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Sen. Chuck Grassley (R-Iowa). In response, the two lawmakers wrote Attorney General Eric Holder and Homeland Security chief Jeh Johnson, maintaining they were "concerned about whether the FBI and other law enforcement agencies have adequately considered the privacy interests" of Americans.
According to the letter, which was released last week:
For example, we understand that the FBI’s new policy requires FBI agents to obtain a search warrant whenever a cell-site simulator is used as part of a FBI investigation or operation, unless one of several exceptions apply, including (among others): (1) cases that pose an imminent danger to public safety, (2) cases that involve a fugitive, or (3) cases in which the technology is used in public places or other locations at which the FBI deems there is no reasonable expectation of privacy.
http://goo.gl/IlSwqz

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Thursday, October 16, 2014

Gun Test: Winchester SXP Marine Defender 12-Gauge



By John Taffin, GUNS Magazine
Self-defense means, well, defense of self. It does not mean self-offense nor does it mean lawnmower-defense. Self-defense is protecting self and family against death and/or serious injury. As much as we may be angered at someone stealing a lawnmower from our property, shooting in such a case is not self-defense. You could buy 1,000 lawnmowers for the cost of a defense attorney for shooting when self-defense is not involved. Keep the shotgun loaded, stay in the house and call 9-1-1. Self-defense begins if home intrusion takes place, and the noise of a pump shotgun being activated is not something intruders want to hear.
I always have a handgun close at hand, however, there is also a shotgun or two handy and my latest choice is the new Winchester 12-gauge pump shotgun, the SXP Marine Defender. The “SXP” stands for Super-X Pump. This latest Winchester pump shotgun is produced in Istanbul and imported by Browning.
The name does not refer to it being used by the United States Marines but rather being able to be carried on a boat without worrying about rust. The main components are chosen for this with the buttstock and forearm being a black synthetic, the receiver a black coated alloy and the barrel and magazine tube finished in a matte hard chrome as is the interior of the barrel.
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Rogue North Carolina Judge Ignores Law, Bans Concealed Carry At State Fair


Welcome To Arizona - Phoenix Gun owner stops robbery, kills dirt bag

Posted by  on October 16, 2014 at 7:49 am

bank robbery
A spilled bin of cash and other items remain at one of the multiple crime scenes outside a Phoenix bank where a business owner shot and killed one of two bank robbers Wednesday.
A Phoenix business owner saw a bank robbery beginning to unfold in the strip mall where he works and decided to take action to defend his neighbors. He grabbed his own gun, snatched the keys from the robber’s still running and undefended car, and laid in wait for the robbers as they left the store, toting a bin full of cash.
When they suspects emerged, the business owner opened fire.
Two armed suspects wearing masks entered the Desert Schools Credit Union near Cactus and Tatum around 3 p.m. and attempted to rob it, police said. A witness then opened fire on the suspects. It is not known if the suspects returned fire.
Authorities said one of the suspects was shot and transported to a local hospital where he died. The second suspect fled the bank and stole a vehicle from someone at gunpoint, damaging several cars as he fled.

http://goo.gl/xJYvUh

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Wednesday, October 15, 2014

#Chicago Gun Grabbers lose again

Chicagocops
Another Chicago disarmament plan has taken a major hit, with a judge’s ruling that sides with the Second Amendment Foundation over the city’s rules restricting gun ranges.
In a 32-page decision, U.S. District Court Judge Virginia M. Kendall concurred with SAF’s positions on the city’s zoning and requirements regarding hours of operation, the foundation said.
The organization previously brought a successful legal challenge to the city’s outright ban on gun ranges.
To comply with city rules for having or carrying weapons, citizens must pay a huge fee and take mandatory training at a gun range. However, the city initially banned gun ranges, meaning anyone wanting a gun permit had to travel to another city to get the mandatory training.
Then, when the gun-range ban was overturned, the city established restrictive rules for operation of the facilities.

Read more at http://www.wnd.com/2014/10/another-chicago-gun-grab-gets-shot-down/#c7uDGqbEyJsiSHht.99

Gun Test: The Heizer PS1 Pocket Shotgun



By Will Dabbs, MD, American Handgunner
Photos By Sarah Dabbs
Charlie Heizer was raised in Hungary and is old enough to remember life under Nazi oppression. He trained as an engineer and then escaped the Hungarian revolution in 1956 to arrive in the US with nothing more than a toothbrush and a pair of socks. Charlie learned English and went on to form an aerospace company that built parts for the Boeing 747, the C-130 and the space shuttle. Charlie has seen firsthand what results when an entire population is disarmed and finds itself beneath the boot of a despot. Mr. Heizer’s appreciation of the necessity of an armed populace in a free state is not an abstraction. As a result, Charlie is passionate about the guns he designs.
There is a peculiar anomaly within American firearms law allowing gun manufacturers to sell handguns firing .410 shotgun shells. This bit of serendipity arises from the fact.410 shotshells fit perfectly in .45 Colt chambers. Typically any shotgun with a barrel less than 18″ requires a fairly onerous bit of government red tape and expense to establish a citizen’s worthiness to possess such an article. Considering this .410 version transfers like any other handgun it makes the entire regulatory system seem a bit silly. It also imbues the term “Pocket Shotgun” with a certain sexy conspiratorial flavor.
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Thursday, October 02, 2014

FAA Approves Drones for TV and Filmmakers

Are unmanned aircraft systems making movies near you?

, Law Technology News
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aviation background airplanes flying over the map leaving theirs shadows
It’s a plane. It’s a bird. It’s a drone?  Unmanned aircraft systems are coming to a theater near you—or perhaps making a movie near you. The Federal Aviation Administration recently announced it approved six exemptions for television and film production companies to operate UAS with their production work, according to Robert Mark in Aviation International News. But attorney Mark McKinnon, a partner at McKenna Long & Aldridge, said the news comes with much fanfare, but it has been widely misunderstood by the media. He dispelled the most common myths in an article on the Plane-ly Spoken blog.
  • All of Hollywood can fly drones. Nope, said McKinnon. Only the companies specializing in aerial filming that filed FAA petitions—and were granted them—have the ability. “As of right now, they essentially have a monopoly on all UAS aerial cinematography in the United States,” he said.
  • Interns will be piloting UAS. Nope, unless they have a pilot’s license and a class three medical certificate, required by the FAA. “In addition, the exemption requires the pilot-in-command to have logged a minimum of 200 flights cycles,” and other requirements, said McKinnon.


Read more: http://www.lawtechnologynews.com/id=1202672000756/FAA-Approves-Drones-for-TV-and-Filmmakers#ixzz3EzmmT8nk

Thursday, September 25, 2014

Knock & Talk Goes Way Wrong


Trial Judge Admonishes the Cops for Illegal Behavior And Appellate Counsel for Fudging the Facts.

I'm not sure what to make of this case. Other than to file it under "what not to do."

http://illinoiscaselaw.com/knock-and-talk/

I can't tell if this points to a deeper problem with the police tactic of walking up to a house, engaging in conversation, then gaining "consent" to search without a warrant. That is a knock and talk.

Here, the police had a warrant that Defendant was cooking meth. They don't get a warrant but instead "charm" their way in. This involved dragging Defendant's mother out of the house and chasing Defendant out the back until he saw the light and "consented" to the search.

Really, interested if you think this is an isolated case or an example of the problem with knock and talks? Please leave your comment in the comment section at the bottom of the post.

http://illinoiscaselaw.com/knock-and-talk/

Tuesday, July 22, 2014

Judge Allows Entire Email Account Searched

Magistrate Judge Gabriel Gorenstein of the Southern District of New York recently ruled email accounts are analogous to hard drives.
, Law Technology News
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Email accounts are to hard drives as curtilage are to homes: searchable. At least according to U.S. Magistrate Judge Gabriel Gorenstein of the Southern District of New York, who recently ruled email accounts are analgous to hard drives, according to Mark Hamblett in “Warrant Permits Holding Entire Email Account, Judge Says,” published in LTN’s sister publication, the New York Law Journal.
“Officials armed with a warrant to search for evidence of a crime contained in individual emails can seize and hold the entire email account without running afoul of the Fourth Amendment,” explained Hamblett. He said the decision is “at odds” with at least two other courts.


Read more: http://www.lawtechnologynews.com/id=1202664036250/Judge-Allows-Entire-Email-Account-Searched#ixzz38FP15dd1

Monday, July 21, 2014

Snowden Says He’ll Work on High-Tech Data Privacy

snowden_sxsw
Liz Gannes / Re/code

GENERAL


NSA leaker Edward Snowden says he plans to work on technology to preserve personal data privacy and called on programmers to join his efforts.
Speaking via a Google Hangout at the Hackers on Planet Earth Conference in New York, Snowden repeated a call he’s made before for the tech industry to embed more security and privacy-protecting technology into everyday tech products.
But today he hinted, without providing any further details, that he’s going to be doing some of that work himself. He also wants like-minded hackers to work with him in some capacity.
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Sunday, July 06, 2014

Will Supremes Apply Cell Phone Privacy to Metadata Collection?

Marjorie Cohn 

In one of the most significant Fourth Amendment rulings ever handed down by the Supreme Court, all nine justices agreed in an opinion involving two companion cases, Riley v. California [PDF] and United States v. Wurie, that police generally need a warrant before reading data on the cell phone of an arrestee. This decision may well presage how the court will rule on the constitutionality of the National Security Agency (NSA) metadata collection program when that issue inevitably comes before it.
The Riley/Wurie opinion provides insights into how the court will decide other digital-era privacy issues. Roberts was concerned that "[a]n Internet search and browsing history, for example, can be found on an Internet-enabled phone and could reveal an individual's private interests or concerns—perhaps a search for certain symptoms of disease, coupled with frequent visits to WebMD." The Chief Justice could have been describing the NSA metadata collection program, which requires telecommunications companies to produce all of our telephone communications every day. Although the government claims it does not read the content of those communications, it does monitor the identities of the sender and recipient, and the date, time, duration, place and unique identifiers of the communication. As Roberts pointed out in the cell phone case, much can be learned from this data. Calls to a clinic that performs abortions or visits to a gay website can reveal intimate details about a person's private life. A URL, such as www.webMD.com/depression, can contain significant information, even without examining the content. Whether we access the Internet with our cell phones, or with our computers, the same privacy considerations are implicated.