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Fourth Amendment
Category archives for: Fourth Amendment

Joseph Drenner, 50, Is Killed in Early Morning Wreck on U.S. 1; Companion Survives

| May 18, 2013

Joseph Drenner, 50, was killed when he was ejected from a Toyota SUV his companion, Christina Laming, 41, was driving north on U.S. 1 in Palm Coast early Saturday morning. Charges are pending against Laming, who refused to have her blood tested at the scene for impairment.

Stop-and-Frisk in Bunnell Turns Into Brawl With Officers, and Threats of a “Hit”

| April 30, 2013

Theodore Moore, 25, was observed by a Bunnell cop allegedly trespassing–near Moore’s home. The cop briefly pursued Moore and handcuffed him, finding a gun and contraceptive pills on him as Moore resisted his arrest and dared cops to Tase him as a crowd gathered in South Bunnell.

Police Drones Are Banned from Florida Skies Absent a Warrant or Other Exceptions

| April 17, 2013

The bill (SB 92) prevents law enforcement use of drones unless a judge has issued a warrant, or in cases where there is a “high risk of terrorist attack,” or a case of imminent danger, such as in a missing person case where the person is thought to be in immediate danger.

In Florida Case, U.S. Supremes Strike Down Drug-Sniffing Cop Dogs Outside of Home

| March 26, 2013

The U.S. Supreme Court’s 5-4 ruling in Florida v. Jardines is the second out of the state dealing with how search and seizure limits under the U.S. Constitution affect the ability of police to use sniffer dogs to find drugs.

No Drones Over Flagler, Sheriff Pledges, as He Details 16 Arrests from Latest Drug Sweep

| March 26, 2013

Sheriff Jim Manfre said he won’t seek to arm the Flagler Sheriff’s Office with surveillance drones, remarks he made in the context of a sweep of drug-dealing suspects arrested Tuesday following a two-month investigation based on surveillance and residents’ tips.

Bill Would Require Warrant for Now-Routine Cell Phone Searches and Electronic Tracking

| March 5, 2013

Currently, police can search the possessions – including the contents of a personal electronic device – of someone who is arrested. The bill would require a warrant except under certain circumstances, including scenarios related to national security and missing children.

Proposed Law Would Curtail Palm Coast’s Ability to Convict Red-Light Camera Violators

| March 1, 2013

The proposed law, by Sen. Joseph Abruzzo, would shift the burden of proof of a red-light violation to the government imposing the fine, it would eliminate citations for right-turns on red, and it would require a live, government representative at hearings to prove that a violation took place.

Gov. Scott Loses Welfare Drug-Testing Case Again, But Vows to Fight On to Supreme Court

| February 27, 2013

The 11th U.S. Circuit Court of Appeals in Atlanta said the state had not shown a “special need” for drug testing applicants to the program known as Temporary Assistance for Needy Families. It upheld a preliminary injunction issued in 2011 by U.S. District Judge Mary Scriven.

Drones Among Us: Florida Police Want Video Surveillance Power Over Big Sports Events

| February 7, 2013

Bill sponsor Sen. Joe Negron and police couldn’t agree on the use of drones as extra eyes in the sky at large-crowd events, such as a football game, with Negron saying monitoring crowds goes too far – and that he’d vote against his own bill (SB 92) if it were changed to allow that.

School Security’s Buy-A-Cop Delusions

| February 3, 2013

The Flagler County School board this week will debate adoption of a new security plan that includes adding armed cops in elementary schools. The approach would be costly, ineffective, and more emotional than intelligent. Smarter approaches–and far greater priorities–abound.

Senate Committee Approves Drone Ban in Florida Skies, With Some Police Exceptions

| January 15, 2013

The ban on unmanned drones used by police in Florida would include exceptions for use with a search warrant or in certain cases, as when a child in danger. The measure (SB 92) was approved unanimously Tuesday by the Senate Criminal Justice Committee.

The News-Journal’s Predatory Sensationalism On Sex Offenders Near Local Schools

| October 4, 2012

A News-Journal article on 445 registered sex offenders living near Flagler and Volusia elementary schools was dangerously alarming and misleading, argues George Griffin, and perpetuates numerous myths about sex offenders, encouraging bad laws.

The Palm Coast City Council’s Disturbing Synthetic Marijuana High

| September 30, 2012

On synthetic pot, the Palm Coast City Council and other local governments are being had, as governments trample due process to enforce a legal shortcut against a ghost epidemic–the latest hysteria in the derelict war on drugs.

Flagler Sheriff Tallies DUI Catch as Supreme Court Agrees to Hear Blood-Test Case

| September 28, 2012

Flagler County deputies arrested 11 drunk drivers and many others on charges unrelated to DUI. On Tuesday, the U.S. Supreme Court agreed to decide whether forcing a DUI suspect to submit to a blood test is constitutional.

DCF Defends Drug Testing of Welfare Recipients

| September 17, 2012

The head of the state welfare agency is asking a court to throw out a challenge to the state law requiring drug testing of public assistance recipients, which could allow the program to restart.

Florida’s High Court Affirms Guilty Until Proven Innocent Standard in Drug Possessions

| July 12, 2012

In not requiring “knowledge” of the illegality of whatever they were carrying, the law puts Florida at odds with at least 48 other states that require prosecutors to convince a jury that defendants knew they were carrying illegal drugs.

Cops Spying on Your Cell Phone: Warrantless, Routine, and With Providers’ Complicity

| July 12, 2012

Privacy activists hold that cops’ tracking of cell phones require a search warrant to be constitutional. But the Supreme Court hasn’t ruled on the issue, and Congress has yet to pass a law addressing it.

Palm Coast’s Pre-2010 Red-Light Camera Fines in Question Following Latest Court Decision

| July 10, 2012

The 5th District Court of Appeal in Daytona Beach on Friday found Orlando’s red-light traffic cameras illegal before they were standardized by a state law in 2010. Palm Coast’s set up was similar to Orlando’s. But the decision does not affect the current camera set up or the fine structure.

FHP’s Crackdown and the Prohibitionist Politics of Drunk Driving: A Dissent

| July 6, 2012

Taking aim at today’s deployment of 40 FHP troopers on I-95, Darrell Smith calls the targeting of people who drink–as opposed to drunk drivers–a brown-shirted example of a police state mentality too readily embraced by the public.

Red-Light Camera Ticket Revenue:
Palm Coast, 14%, Private Company, 86%

| June 26, 2012

American Traffic Solutions, which runs Palm Coast’s red-light traffic cameras, will make up to $4,250 per camera per month, while Palm Coast makes just $700. Still, the Palm Coast City Council is ready to sign a seven-year deal.

Stop and Frisk Follies

| June 14, 2012

Stop and frisk is a constitutionally suspect police tactic that entails stopping and searching an individual for weapons arbitrarily. The practice disproportionately targets blacks and Latinos while yielding a minimal number of weapons–usually on whites.

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