Tag Archives: Bill of Rights

U.S. General Spits on Constitution

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“General Clark doesn’t otherwise fit in the right wing, law-and-order camp. He made a brief presidential bid in 2004 on the Democratic side and was very critical of the Bush administration’s anti-terror tactics and Middle East interventions. Yet now he wants to round up and imprison radical Muslims. This demonstrates that politicians across the spectrum threaten civil liberties. They differ only on the details. Second, he floated his argument on the supposedly ‘progressive’ MSNBC network. The interviewer didn’t question the idea, either. Truly professional journalists are usually quick to notice threats to freedom of speech – or at least in the past. Not this time.”

http://www.thedailybell.com/news-analysis/36437/US-General-Spits-on-Constitution/

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Drug dog that’s barely more accurate than a coin flip is good enough

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“In U.S. v. Bentley, we see just how damaging the Harris decision really was. Lex, the drug dog that searched Bentley’s car, had a 93 percent alert rate. That is, when Lex was called to search a car, he alerted 93 percent of the time. He was basically a probable cause generator. His success rate was much lower, at 59 percent. That is, the police actually found drugs just six of the 10 times Lex told them they would. That means that four of every 10 people Lex alerted to were subjected to a thorough roadside search that produced nothing illegal.”

https://www.washingtonpost.com/news/the-watch/wp/2015/08/04/federal-appeals-court-drug-dog-thats-barely-more-accurate-than-a-coin-flip-is-good-enough/

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Court Rules Warrantless Cell Phone Tracking Violates Fourth Amendment

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“A divided appellate court panel in Richmond, Virginia, ruled on Wednesday that citizens do not give up their privacy rights just because their mobile-phone providers know where to reach them.  The decision is the strongest assertion of the Fourth Amendment rights of mobile phone users out of three appellate court decisions on the matter, setting up a likely Supreme Court hearing. The Fourth Circuit Court of Appeals ruling rejected the ‘third party doctrine,’ a legal theory that private information held by a company is not protected by the Fourth Amendment’s prohibitions against unreasonable search and seizure.”

https://firstlook.org/theintercept/2015/08/05/court-rules-warrantless-cell-phone-tracking-violates-fourth-amendment/

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He Beat the IRS in Court, But They Still Won’t Make Him Whole

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“In a number of similar cases, the government has argued that because the seizure case was dismissed without prejudice, the plaintiff does not count as the ‘prevailing party’ under CAFRA and therefore is not entitled to full recompense.  In his response to the government’s motion, Institute for Justice attorney Rob Johnson hit the nail on the head, writing, ‘The government’s gambit to evade its statutory obligations should not be rewarded. Having dragged Claimants into ten months of costly and unnecessary legal proceedings, the government should be required to make Claimants whole.’  This is not a new gambit, by the way.”

http://fee.org/anythingpeaceful/detail/he-beat-the-irs-in-court-but-they-wont-make-him-whole

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Jacob Hornberger: Dealing with the Cops

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“The mindset that cops have toward citizens — that they are the masters and we are the servants — clearly poses grave risks to the citizenry. If a person attempts to clarify that it’s the cops who are the servants and the citizens who are the masters, he might well find himself in jail or even dead. Like I say, everyone — but especially African-Americans — has to do some serious soul-searching on how to deal with the cops: Will I assert my rights and demand to be treated with deference and respect or will I keep my mouth shut and submit to abuse, insults, and mistreatment?”

http://fff.org/2015/07/29/dealing-cops/

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Drivers, Beware Traffic Stops in the American Police State

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“Trying to predict the outcome of any encounter with the police is a bit like playing Russian roulette: most of the time you will emerge relatively unscathed, although decidedly poorer and less secure about your rights, but there’s always the chance that an encounter will turn deadly.  Unfortunately for drivers, not only have traffic stops become potentially deadly encounters, they have also turned into a profitable form of highway robbery for the police departments involved.  Never before have ‘we the people’ been so seemingly defenseless in the face of police misconduct, lacking advocates in the courts and in the legislatures. So how do you survive a police encounter with your life and wallet intact?”

https://www.rutherford.org/publications_resources/john_whiteheads_commentary/drivers_beware_the_costly_deadly_dangers_of_traffic_stops_in_the_ameri

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Handcuffed and Helpless

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“I’m grateful that we didn’t get killed. I’m grateful that my wife didn’t get assaulted. I’m grateful that they didn’t plant drugs on me or put me in the hospital.  But my gratitude doesn’t change the fact that these men abused their power, disrespected my wife, laid their hands on my body in an inappropriate way, scared the hell out of us both, made us miss our show, and treated us like criminals simply because they felt entitled to do so.  They will not ruin my life, nor will they determine my destiny, but I want to put this story on the record because this was neither the first nor the second time something like this happened to me, and I sincerely believe that things like this happen all over the country.”

http://fee.org/anythingpeaceful/detail/handcuffed-and-helpless

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Georgia sues legal rebel for posting state’s copyrighted law summaries

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“Georgia claims that a legal rebel, Public.Resource.org, is publishing and making it easy for others to copy the physical text and accompanying annotations of Georgia’s state law—the Official Code of Georgia Annotated. The state’s Code Revision Commission maintains that PublicResource.org is not entitled to reproduce the annotated version of Georgia’s code. Annotations are summaries of the law’s meaning and those summaries are contracted to a third party to write. So what Georgia is essentially saying is it is not OK to copy and distribute the texts of the state’s laws if those texts are accompanied with the state-owned summaries of what the law actually means.”

http://arstechnica.com/tech-policy/2015/07/georgia-sues-legal-rebel-for-posting-states-copyrighted-law-online/

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The Spy in Your Pocket

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“Because they merely obtained business records from a third party, the court says that the police didn’t invade Davis’s privacy.  Because there wasn’t a ‘search,’ the Fourth Amendment didn’t even apply.  Despite the court’s logic, something about this case still makes many observers feel uneasy. Even AT&T filed a brief in the case, arguing that the government’s actions were illegal. We all turn over huge amounts of information to third parties every day, and almost all of our activities can be tracked through our ‘smart’ devices. And as the amount of data that businesses collect on us grows, so do concerns over the government’s ability to access that data.”

http://fee.org/freeman/detail/the-spy-in-your-pocket

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Trump Tried to Bulldoze an Elderly Widow’s Home to Build a Limo Parking Lot

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“Donald Trump is leading the GOP primary polls with 24 percent.  In 1994, Trump got Atlantic City to condemn Vera Coking’s home so that he could build limo parking for his Trump Plaza Hotel and Casino. The Institute for Justice took on Trump in one of its first big eminent domain cases:  She was able to beat Trump and the city government and win the right to keep her property.  Coking moved to a retirement home in 2010, having lived almost 50 years in her Atlantic City home. Coking’s grandson finally sold the house in July 2014; less than two months later, the Trump Plaza Hotel and Casino closed for lack of business.”

http://fee.org/anythingpeaceful/detail/remember-when-donald-trump-tried-to-bulldoze-an-elderly-widows-home-to-build-a-limo-parking-lot

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