Recently in Fourth Amendment Category

April 27, 2011

Hey Mississippi: FBI child porn raid a strong argument for locking down WiFi networks

us-fbi-raid1.jpgThis is a shocking and sobering story. The homes of three separate individuals were raided by FBI agents for allegedly downloading child porn on their computers. The feds accused the three of being "creeps" and urged them to come clean of their crimes.

However, the Feds were wrong. Neighbors of the three innocent parites had utilized their unsecured wireless network address and downloaded the child porn. I'm sure the Feds apologized for their actions towards these innocent persons. Yeah right.

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April 22, 2011

Can Police Officers Use X-Ray Vision to See into Your Car?

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We've all seen the comic books and movies where Superman uses his x-ray vision to peer through the walls of buildings and containers. To view modern day x-ray vision all one has to do is pass through an airport security check point. In 2007, the Transportation Security Administration ("TSA") began developing Advanced Imaging Technology ("AIT"). The machines make use of x-ray backscatter technology and pass "narrow, low intensity x-ray beams" over the body's surface at high speed. The resulting images clearly show hidden weapons and other secreted contraband. The images also clearly show intimate and private details about an individual's physical features. The use of this technology at airports is allowed because of safety and national security concerns.

AIT, however, is no longer limited to just airports. American Science & Engineering, Inc. ("AS&E") recently developed a mobile-screening system, the Z Backscatter Van ("ZBV"). The ZBV combines AIT with the maneuverability and discreteness of a common work van. Operating in stationary or "drive-by mode," the ZBV produces photo-quality imaging; clearly identifying whether a vehicle contains such contraband as stowaways, drugs, or explosives. Law enforcement's use of vans like the Z Backscatter Van is just a matter of time. Just like Superman, police officers will soon be using x-ray vision to peer into the glove compartments and trunks of vehicles on the road.

When they do . . . will it be legal? We don't know. We all have a constitutional right - found in the Fourth Amendment - to be free from unreasonable searches and seizures by the government. Unlike Superman, however, the law does not "move faster than a speeding bullet" and it traditionally lags behind advancements in technology.

Whether Advanced Imaging Technology sees through the Fourth Amendment as easily as it does everything else is yet to be seen. Inventors have already created x-ray proof underwear for those passing through airport scanners. Are x-ray proof glove compartments and trunks next?

I am one of the people in this country who thinks police powers have gone to far over the past twenty (20). We don't have Constitutional rights and protects to protect who commit crimes, we have them to protect our freedom.

The truth is though some people commit crimes. These people have to have the same rights as everyone else, at all times, just like people who adide by the law. Otherwise where do we drawn the line? Who makes the decison of who gets what rights when? A computer? A bunch of politicans? A group police? I don't think so! Rights are Yours. Know them, understand them, and use them.

September 30, 2010

Your Right To Be Free From An Unreasonable Search in Mississippi

The United States Constitution and the Mississippi Constitution contain a Bill of Rights. The Bill of Rights of each constitution apply to every person in American. In the areas around Jackson, Mississippi, including Ridgeland, Madison, Brandon, Pearl, and Clinton, criminal defense lawyers have witnessed a disregard for those rights by law enforcement. The right to be free from an unreasonable search and seizure is one of the most valuable of the individual Bill of Rights. A great source for gaining a better appreciation and understanding of the Bill of Rights can be found at the Bill of Rights Institute.
I bring this topic up because I have watched for years with interest the national news stories about Arizona Sheriff Joe Arpaio. Sheriff Arpaio first turned up years ago talking tough and promoting policies that in my opinion bordered on cruel. His policies became more and more extreme until they took on what now seems like outright civil rights violations and political attacks against his opponents using his law enforcement powers. What is even more interesting is how Sheriff Arpaio is refusing to comply with a request from the United States Government for him to turn over records. The Sheriff's Office is the recipient of millions of dollars in grants from the Federal Government and when you get these types of grants the receiving agency has a duty to provide the U.S. Government with these types of documents.

The Sheriff however is not without his supporters. He has many supporters in Arizona who are opposed to the immigrants coming into this country. As you may recall Arizona recently enacted an immigration law that is being challenged by the U.S. Government as a violation of the Federal Government's right to enact and control the national immigration issue. You can read about this contentious Sheriff on the MSNBC website in an article styled Feds Sue Arizona Sheriff in Civil Rights Probe. It is interesting to me that Sheriff Arpaio, a law enforcement officer who is sworn to uphold the law is charged with violating civil rights and in the case investigation he wants to disregard the laws that apply to him if he does not like the effect of those laws. The root of Sheriff Arpaio's problems seem to be his disrespect for the law.

Those of us who handle criminal cases see this disrespect for the Bill of Rights every day. It is very common among law enforcement. If you watch all the cop shows on television the rights we all enjoy are treated like nuisances to the police. The Bill of Rights have made America a great, free country. Instead of treating the Bill of Rights like an obstacle to law enforcement, we should view them as the breath of liberty.

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