Court confirms strip-search

By William R. Toler

While the mainstream media is focused on the Supreme Court’s decision regarding the debacle that is ObamaCare, a case with dire consequences has slipped through the cracks.

Earlier this week, the 9 robed ones ruled that inmates could be strip-searched before entering a jail population, even for minor offenses. Civil libertarians seen this as yet another tooth pulled from the Fourth Amendment, which protects against unreasonable searches and seizures without a warrant.

The decision was 5-4, with Justice Anthony Kennedy siding with the more conservative contingent of the Court.

The background of the case is almost more appalling than the ruling. Albert Florence was arrested for an “unpaid” traffic violation and strip-searched twice at two separate New Jersey facilities within six days…all the while being held in custody without a hearing.

Congressman bans cameras, cops commit armed robbery

By William R. Toler

In a shocking display of police state tactics, an Ohio Congressman banned and had cameras confiscated from individuals attending his town hall meeting.

Rep. Steve Chabot (R-OH) allegedly had signs placed in front of the venue banning cameras. After some attendees failed to obey the signs, police officers went through the audience to take them away.

The story was first brought to my attention by Carlos Miller at Photography is Not a Crime. (Click the link to see the crime happen.)

The amature videographers asserted their rights to the cops, but to no avail. An officer told one of the individuals the ban was “to protect the constituents.” The videographer stood his ground saying, “I’m well within my rights” after being asked “Are we gonna do this easy way? Or the hard way?” After protesting a few seconds more, the camera was stolen by the officer.

The officer then walked over to another person with a camera and attempted to steal it as well. “It’s not against the law to film this,” she said. “Yes it is,” the officer replied. “That’s what I’ve been told.”

Why should there be a “hard way?”

Texas anti-grope bill fails

By William R. Toler

Texas legislators failed to pass a bill Wednesday that would criminalize invasive pat downs by the Transportation Security Adminstration.

The bill would have held TSA screeners responsible if “if they touched the buttocks, genitalia or breasts of Texans during pat-down searches, …without ‘reasonable suspicion’ that a weapon might be present,” according to the Austin American-Statesman. There’s that word combo “reasonable suspicion” again. Last time I read the Fourth Amendment it said something about no searches without a warrant based on probable cause.

This is the second time this year the Lonestar State has attempted to make such a measure. The first time, Texas was threatened with a blockade of its airports by the U.S. Justice Department if it became law. Although the bill was quashed, the state house passed a resoloution Tuesday that would pass the buck to Congress to take a look at the issue.

Earlier this week, Americans were appalled to learn that TSA agents had made a 95-year-old, wheelchair-bound, cancer patient remove her adult diaper before boarding. She wasn’t upset, but her daughter was. “It’s something I couldn’t imagine happening on American soil,” said Jean Weber. “Here is my mother, 95 years old, 105 pounds, barely able to stand, and then this.”

Fourth Amendment flushed in court decisions

By William R. Toler

“I’d like to get some sleep before I travel. But if you’ve got a warrant, I guess you’re gonna come in.”

The late Jerry Garcia would be disappointed–as are many civil libertarians–that his line from “Truckin'” is no longer relevant thanks to several recent court rulings.

Last week, the Indiana Supreme Court rendered two decisions that invalidate the protections of the Fourth Amendment. First, the court ruled that police did not have to knock before entering a home to serve a warrant, according to nwitimes.com. Then a few days later, the court decided 3-2 that individuals have “no right” to resist police entering your home without a warrant.

The ruling stems from a case in which a police had been called to investigate a couple arguing outside their home. As the couple went back in, the husband told police there was no need for them. When the officers tried to enter anyway, the husband pushed one of them against the wall. The other officer then subdued him with a stun gun and arrested him.

In a prime example of Orwellian Doublespeak, Justice Steven David wrote in the opinion, “We believe … a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence…We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest.”

Let’s analyze that for a moment, shall we?

Surveillance Society

By William R. Toler

As technology increases, both in the government and private sector, it seems that our right to privacy continues to decrease.

Recently, Popular Mechanics reported that the Michigan State Police may have been using forensic analyzers on smart phones during routine traffic stops. The magazine mentions a letter sent from the American Civil Liberties Union to the state police alledging that troopers have been violating the Fourth Amendment by using the Cellebrite Universal Forensic Extraction Device.

The manufacturing company’s website boasts that the UFED system “extracts vital information from 95 [percent] of all cellular phones on the market today, including smartphones and PDS devices.” A list of information that can be extract is listed on the product’s page including: contacts, text messages (even deleted ones), call history, audio, video, pictures and ringtones.

NC DNA Bill: Collection before conviction

By William R. Toler

With a few strokes of a pen, Gov. Bev Perdue signed away the Fourth Amendment rights of anyone charged with a violent crime.

Not convicted, mind you, but charged. So much for presumption of innocence.

At a special bill-signing ceremony on Greenville, the governor inked her approval of the DNA Database Act, which gives deputies from across the state the authority to take cheek swabs from anyone charged with a violent felony or misdemeanor sex crime, according to the Gaston Gazette.

The bill, although a bi-partisan effort, didn’t pass smoothly. However, it did have the support of Attorney General Roy Cooper as well as law enforcement, district attorneys and victim advocates.

Wrong place, wrong time

By William R. Toler

I wouldn’t classify myself as a cop-hater…but several run-ins with law enforcement officials have left me with a less-than-favorable opinion. Two of those occasions happened to be with Jerry’s Brownshirts*. It may be due to my knack for being at the wrong place at the wrong time. Just that circumstance seems to infer guilty until proven innocent.

(* A less than flattering term I coined for Craven County deputies under Sheriff Jerry Monette….akin to Jerry Monette and his secret police as described by former Vanceboro Voice publisher Art Manning)

Back in the winter of 2004, I was feeling a little down and decided to take a drive. While meandering through the backroads of northeastern Craven County I felt like being by the water, which usually has a soothing effect on me. Since I didn’t want to go into New Bern, I opted for the Wildlife boat landing just north of Bridgeton. It has a nice open view of the river with a few lights sprinkled about on the other side.

As I drove up I noticed a burgundy Chevy Blazer bearing the markings of the Craven County Sheriff ‘s Office. “Hmmm…,” I thought. “I wonder what he’s doing down here.” I decided to stay because I figured turning around would raise suspicion. Since I was doing nothing wrong I pulled up and parked. The view was dark, but nice on the dark December night.

Fourth Amendment victory for open carriers

By Richard C. Evey Libertarian/ Patriot A federal judge has made a ruling that could change the way that law enforcement treats “We the people.” The judge granted that the plaintiff has liability under the Fourth Amendment and that law enforcement does not have immunity. In my opinion, a major victory for liberty and freedom. The case: St. John v Alamogordo Public Safety. Matthew St. John went into a movie theater openly carrying a holstered handgun. New Mexico has no law forbidding the open carry of a handgun. The theater owner called Alamogordo Public Safety. The four law enforcement officers approached Mr. St. John and with force removed him from the theater, took his handgun and patted him down. After checking, found out that the handgun was legal and that he was not a criminal, returned his handgun and let him go back to the movie but without his handgun, which he placed in his vehicle.

Upside down flag flap prompts ACLU action

By William R. Toler

Police in Wisconsin went against two constitutional amendments on our nation’s birthday, taking down and seizing an American Flag which was displayed upside down.

Vito Congine Jr. says police trespassed and stole his property before a Fourth of July parade in the village of Crivitz, according to the Associated Press. The flag was removed by police following advice by the District Attorney and returned the next day.

Congine, an Iraq war veteran, was flying his flag upside down in protest of the town refusing to grant him a liquor license for his Italian supper club.  “It is pretty bad when I go and fight a tyrannical government somewhere else,” Congine said, “and then I come home to find it right here at my front door.”

Supreme Court: School violated rights

By William R. Toler

In an assertion of the Fourth Amendment, the high court ruled 8-1 Thursday that school officials violated the privacy rights of Savana Redding when she was strip searched for ibuprofen.

The search took place in 2003 after a fellow student caught with ibuprofen claimed she got the pills from Redding. The assistant princpal had Redding’s bag searched before ordering a school nurse to conduct the strip search, which included Redding shaking out her bra and pulling her underwear out.

Redding was represented in this case by the American Civil Liberties Union. ACLU lawyer Adam Wolf said students can now breathe a sigh of relief. “Today’s ruling affirms that schools are not constitutional dead zones,” he said. “While we are disappointed with the Court’s conclusion that the law was not clear before today and therefore school officials were not found liable, at least other students will not have to go through what Savana experienced.”