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Posts Tagged fourth amendment
FBI Won’t Acknowledge Stingray Surveillance Tech
From MSN:
Lawyers for the American Civil Liberties Union are fighting to uncover more about the FBI’s role in helping local police acquire powerful cellphone surveillance devices known widely as “stingrays.†The true scope of their use against Americans has, by design, remained a closely guarded secret for more than a decade. This is thanks to secrecy requirements devised by the federal government, which police departments and prosecutors have followed to an extreme.
Colorado Court Rules Against 3 Month Long Surveillance
From Electronic Frontier Foundation:
Last week, the Colorado Supreme Court ruled, in a case called People v. Tafoya, that three months of warrantless continuous video surveillance outside a home by the police violated the Fourth Amendment. We, along with the ACLU and the ACLU of Colorado, filed an amicus brief in the case.
Gun Control Leads To More Dead Innocents
From The American Conservative:
As I reported in American Conservative here and here, a Montgomery County SWAT team launched an unprovoked attack on the Lemp family home at 4:30 a.m. on March 12. Lemp was fatally wounded by the first shots that the police fired through his bedroom window. His family says he was sleeping in bed with his pregnant girlfriend at the time.
 Police claim that they received an anonymous tip two months earlier that Lemp possessed firearms. The police department asserted Lemp was prohibited from owning firearms due to a juvenile conviction but there are apparently zero court records or other records to support that justification. Regardless of Lemp’s juvenile history, there was no evidence that he posed an imminent threat justifying a frontal assault that included throwing flash-bang explosive devices into the family home.Â
NJ Security Guard Arrested For Legal Gun
From Reason:
Every petty excuse for the police to bother you is a loose trigger for further injustice. Roosevelt Twyne, a 25-year-old security guard who is African American, is learning this in New Jersey.
Pulled over last month on his way home from work in Roselle Park, New Jersey, for having tinted windows on his car, Twyne informed the police he had his work-related weapon in his possession. The police arrested him, claiming he was carrying both an illegally transported gun and illegal hollow-point ammunition.
Red Flag Law Abuse Has Started, As Predicted
From Bearing Arms:
Backers of Colorado’s new red flag law aren’t saying much about the first high profile abuse of the Extreme Risk Protection Order process and for good reason. The case of Susan Holmes has revealed that not only will some individuals try to abuse the system, but the state’s mental health system is likely in need of an overhaul as well.
Kentucky To Consider Red Flag Laws
From NRA-ILA:
On Friday, November 22nd, the Kentucky state Interim Joint Committee on Judiciary will consider so called “red-flag laws.†Though no legislation has been introduced, such laws usually allow for Second Amendment rights to be suspended and firearms seized without due process. Please contact leadership of the General Assembly, as well as the committee, and urge them to oppose these firearm confiscation schemes.
Searches Of Travelers’ Devices Unconstitutional
From Electronic Frontier Foundation:
In a major victory for privacy rights at the border, a federal court in Boston ruled today that suspicionless searches of travelers’ electronic devices by federal agents at airports and other U.S. ports of entry are unconstitutional.
Redflags The New Redcoats
From The Truth About Guns:
The First, Second, Fourth, Fifth, Sixth, and Fourteenth Amendments are all impacted by proposed red flag laws. We know what these laws look like. Where implemented, these laws generally allow the removal of firearms from someone’s home, without notice or an opportunity for the gun owner to be heard in court in advance of the removal, based on the allegations of a third party.
Retired Cop Has Guns Confiscated For Misheard Comment
From Gun Dynamics:
Stephen Nichols says he was talking with a friend at a local restaurant on Martha’s Vineyard when the subject of the local school resource officer came up. Nichols was upset that the officer, in his opinion, was “leaving his post†by going to get coffee at a nearby convenience shop instead of remaining on campus to protect students, and said that somebody could “shoot up the school†in the officer’s absence. Based on nothing more than that simple remark, Nichols’ life was turned upside down and the Tisbury police have a lot of questions to answer.
Red Flags and Due Process
From American Thinker:
Senator Lindsey Graham (R-S.C.) promised that under his bill, to get a federal grant, the state red flag laws would have to provide “due process.”  Similarly, President Trump has sought to assure the public that any red flag legislation will provide for “rapid due process.”  When questioned, most congressional Republicans say they will support police seizing guns only if rigorous due process is provided.  Don’t buy it.  Red flag laws violate the Second Amendment, and “due process” is not a magic wand to be waved to make the infringement go away.
Republicans Spreading Bad Idea On Background Checks
From Firearms Policy Coalition:
On September 18, 2019, a purported “idea†document reportedly being circulated among Republican senators and congressmen was leaked to the media. The document, entitled “Idea for New Unlicensed-Commercial-Sale Background Checksâ€, is both frighteningly vague and callous in its disregard for the Second and Fourth Amendments, as well as the federalist principles that animate the Commerce Clause.
The document suggests that “many commercial sales are conducted outside of FFLs without any background check or record-keeping requirements.†This is either incorrect or uses a definition of “commercial sale†beyond the scope of common understanding. Present law requires anyone “engaged in the business†of selling firearms to acquire a Federal Firearms License. Incidental, intrastate transactions between private individuals are regulated by the states.