Judge Rules Blanket Search of Cell Tower Data Unconstitutional
https://www.404media.co/judge-rules-blanket-search-of-cell-tower-data-unconstitutional/
@Nonilex what does the #fourthamendment convey? 'Cause I don't have the US constitution in my head, cause I live in the Netherlands
#Trump lawyers have *determined* [made up from whole cloth] that an 18th-cent wartime #law Trump invoked to deport *suspected* [presumed] members of a Venezuelan gang allows federal agents to enter homes WITHOUT A WARRANT….
The disclosure reflects the Trump admin’s aggressive view of #PresidentialPower, including setting aside a key provision of the #FourthAmendment that requires a #CourtOrder to search someone’s home.
Holy freaking crap
The #Trump admin says that the #AlienEnemiesAct allows #Immigration Agents to enter the homes of ANY PERSON who they *believe* are subject to the declaration WITHOUT A WARRANT.
#law #Constitution #FourthAmendment #14thAmendment #5thAmendment #DueProcess #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower
https://www.nytimes.com/2025/03/20/us/politics/trump-alien-enemies-immigration-agents.html?unlocked_article_code=1.5U4.39cB.wD5EgfXixxmS&smid=nytcore-ios-share&referringSource=articleShare&sgrp=p
"Last week, EFF, along with the Criminal Defense Attorneys of Michigan, ACLU, and ACLU of Michigan, filed an amicus brief in People v. Carson in the Supreme Court of Michigan, challenging the constitutionality of the search warrant of Mr. Carson's smart phone.
In this case, Mr. Carson was arrested for stealing money from his neighbor's safe with a co-conspirator. A few months later, law enforcement applied for a search warrant for Mr. Carson's cell phone. The search warrant enumerated the claims that formed the basis for Mr. Carson's arrest, but the only mention of a cell phone was a law enforcement officer's general assertion that phones are communication devices often used in the commission of crimes. A warrant was issued which allowed the search of the entirety of Mr. Carson's smart phone, with no temporal or category limits on the data to be searched. Evidence found on the phone was then used to convict Mr. Carson.
On appeal, the Court of Appeals made a number of rulings in favor of Mr. Carson, including that evidence from the phone should not have been admitted because the search warrant lacked particularity and was unconstitutional. The government's appeal to the Michigan Supreme Court was accepted and we filed an amicus brief."
"Last week, EFF, along with the Criminal Defense Attorneys of Michigan, ACLU, and ACLU of Michigan, filed an amicus brief in People v. Carson in the Supreme Court of Michigan, challenging the constitutionality of the search warrant of Mr. Carson's smart phone.
In this case, Mr. Carson was arrested for stealing money from his neighbor's safe with a co-conspirator. A few months later, law enforcement applied for a search warrant for Mr. Carson's cell phone. The search warrant enumerated the claims that formed the basis for Mr. Carson's arrest, but the only mention of a cell phone was a law enforcement officer's general assertion that phones are communication devices often used in the commission of crimes. A warrant was issued which allowed the search of the entirety of Mr. Carson's smart phone, with no temporal or category limits on the data to be searched. Evidence found on the phone was then used to convict Mr. Carson.
On appeal, the Court of Appeals made a number of rulings in favor of Mr. Carson, including that evidence from the phone should not have been admitted because the search warrant lacked particularity and was unconstitutional. The government's appeal to the Michigan Supreme Court was accepted and we filed an amicus brief."
@eff to #Michigan #SupremeCourt: #Cell Phone #SearchWarrants Must Strictly Follow The Fourth Amendment’s Particularity and #ProbableCause Requirements
#FourthAmendment #privacy #rights #constitution #warrant
“This egregious act is in plain violation of the #FourthAmendment of the US #Constitution, which guarantees ‘the right of the people be secure in their persons, houses, papers, & effects, against unreasonable searches & seizures….’
“#Newark will not stand by idly while people are being unlawfully #terrorized. I will be holding a press conference in alliance w/partners ready and willing to defend & protect civil & #HumanRights. Details to come.”
– NJ Mayor Baraka
#Trump #law #USpol #CivilRights
Court rules FBI’s #warrantless searches violated #FourthAmendment
#fbi #warrant #privacy
Lawsuit Argues #Warrantless Use of #Flock #Surveillance Cameras Is #Unconstitutional
A civil liberties organization has filed a federal lawsuit in #Virginia arguing that widespread #surveillance enabled by Flock, a company that sells networks of automated license plate readers, is unconstitutional under the #FourthAmendment.
#alpr #privacy
How Many U.S. Persons Does #Section702 #Spy On? The #ODNI Needs to Come Clean.
#privacy #fourthamendment
Lawsuit: City cameras make it impossible to drive anywhere without being #tracked
Police use of automated license-plate reader cameras is being challenged in a lawsuit alleging that the #cameras enable #warrantless #surveillance in violation of the #FourthAmendment.
#privacy #alpr
