Daily Archives: March 10, 2015

Criminal Procedure tutorial: Limitations on the Fourth Amendment Exclusionary Rule | quimbee.com
A brief excerpt from Quimbee #39;s tutorial video on the important exceptions to the Fourth Amendment exclusionary rule, including standing, use in criminal tria...

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Criminal Procedure tutorial: Limitations on the Fourth Amendment Exclusionary Rule | quimbee.com - Video

The Fourth Amendment to the Constitution articulates the right of Americans sources of private informational documents to be secure "against unreasonable searches and seizures." We need this principle to address threats to cloud computing.

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SALT LAKE CITY As a medium of expression that blossomed in popular consciousness in the late 1990s, the Internet is beginning to reach its adolescent years.

We've evolved from static Web pages to social networking to "cloud computing," which means that personal documents aren't stored on our computers and smartphones but on servers throughout the world.

And yet citizens' security in their digital possessions has never been more threatened. Fortunately, there are two bills one co-sponsored by Utah Sen. Orrin Hatch, the other co-sponsored by Utah Sen. Mike Lee that go a long way to restoring constitutional protections for Internet information.

It's important at the outset to dispense the shibboleth that the Internet changes everything. What the Internet needs is a strong dose of 18th century legal wisdom, not words about "freedom of expression in the 21st century," to quote the chairman of the Federal Communications Commission during last Thursday's vote by the agency on network neutrality.

The Constitution says that we have the right to be secure in our "persons, houses, papers and effects." We have the right to speak free from regulation by the government. There are some who say that the Internet has rewritten the laws of supply and demand, or changed common decency and morality, or altered the possibility of being free from police surveillance. They are mistaken.

The Fourth Amendment to the Constitution articulates the right of Americans sources of private informational documents to be secure "against unreasonable searches and seizures." This doesn't prevent the government or the police from obtaining information upon probable cause or reasonable suspicion; it simply bars the issuance of general warrants.

On Feb. 4, a bipartisan group of senators and representatives introduced the Electronic Communications Privacy Amendments Act of 2015. The bill we are introducing today protects Americans digital privacy in their emails, and all the other files and photographs they store in the cloud," said Sen. Patrick Leahy, D-Vermont, who has long been seeking to update this law that first passed in 1986.

The rest is here:
Drew Clark: Threats to cloud computing require a solution from the 18th century

The Ferguson Police Department routinely violated the constitutional rights of the local African-American population in the Missouri city for years, the Department of Justice has found in a searing report.

The investigation, launched after the August shooting of Michael Brown, an unarmed black teenager, found that the department violated the Fourth Amendment in instances such as making traffic stops without reasonable suspicion and making arrests without probable cause.

The report provides direct evidence of racial bias among police officers and court workers, and details a criminal justice system that through the issuance of petty citations for infractions such as walking in the middle of the street, prioritizes generating revenue from fines over public safety.

The practice hits poor people especially hard, sometimes leading to jail time when they can't pay, the report says, and has contributed to a cynicism about the police on the part of citizens.

The official release of the report could come as early as Wednesday. The details were provided to Fox News on Tuesday by law enforcement officials familiar with the department's findings.

The Justice Department alleges that the discrimination was triggered at least partly by racial bias and stereotypes about African-Americans, a violation of the 14th Amendment. The report details a November 2008 email on an official Ferguson municipal account which joked that President Obama would not be president for long because what black man holds a steady job for four years?

From 2012 to 2014, the report found, African-Americans comprised 85 percent of people pulled over for a traffic stop; 90 percent of those given citations; and 93 percent of arrests.

Also, African-American drivers were more than twice as likely to be searched during a traffic stop than white drivers, but that those black drivers were 26 percent less likely to be found to be holding contraband.

The report also accuses the Ferguson police of using unreasonable force in violation of the Fourth Amendment, and that 88 percent of those cases involved African-Americans.

Overall, blacks make up 67 percent of Ferguson's population.

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DOJ report says Ferguson PD routinely violated rights of African-Americans

The Ferguson Police Department routinely violated the constitutional rights of the local African-American population in the Missouri city for years, the Department of Justice has found in a searing report.

The investigation, launched after the August shooting of Michael Brown, an unarmed black teenager, found that the department violated the Fourth Amendment in instances such as making traffic stops without reasonable suspicion and making arrests without probable cause.

The report provides direct evidence of racial bias among police officers and court workers, and details a criminal justice system that through the issuance of petty citations for infractions such as walking in the middle of the street, prioritizes generating revenue from fines over public safety.

The practice hits poor people especially hard, sometimes leading to jail time when they can't pay, the report says, and has contributed to a cynicism about the police on the part of citizens.

The official release of the report could come as early as Wednesday. The details were provided to Fox News on Tuesday by law enforcement officials familiar with the department's findings.

The Justice Department alleges that the discrimination was triggered at least partly by racial bias and stereotypes about African-Americans, a violation of the 14th Amendment. The report details a November 2008 email on an official Ferguson municipal account which joked that President Obama would not be president for long because what black man holds a steady job for four years?

From 2012 to 2014, the report found, African-Americans comprised 85 percent of people pulled over for a traffic stop; 90 percent of those given citations; and 93 percent of arrests.

Also, African-American drivers were more than twice as likely to be searched during a traffic stop than white drivers, but that those black drivers were 26 percent less likely to be found to be holding contraband.

The report also accuses the Ferguson police of using unreasonable force in violation of the Fourth Amendment, and that 88 percent of those cases involved African-Americans.

Overall, blacks make up 67 percent of Ferguson's population.

More here:
Officials: DOJ report finds racial bias in Ferguson police