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4th amendment
Posts tagged as: 4th amendment

Cops Aren’t Under Siege.
Civilians and Liberties Are.

| December 9, 2016

It’s a widely accepted but dangerous myth: that cops are under siege, handcuffed by “new restrictions.” The reality is the opposite, with more unbridled and brutal policing than we care to admit.

Challenge to Florida’s DUI Breath Test May Be Moot After U.S. Supreme Court Ruling

| July 13, 2016

A majority of the U.S. Supreme Court said a law similar to Florida’s, in Minnesota, allowing breath tests for DUI, does not violate the U.S. Constitution’s Fourth Amendment, which bars unreasonable searches and seizures.

Can You Be Punished For Refusing DUI Test? 2 Highest Courts About to Decide.

| May 31, 2016

Sept. 1 arguments before the Florida court on the question may be made moot by a decision of the U.S. Supreme Court, expected in June, on the same issue. U.S. Justices were skeptical of breath tests.

Gov. Scott Gives Up Drug-Testing Half of State’s Workers, But Still Aims Pee Cup at Rest

| July 9, 2014

The governor has not conceded that forcing state employees to undergo urinalysis is unconstitutional despite lower court rulings that spurred the concessions. The U.S. Supreme Court earlier this year refused to take up the case, but it is believed Scott will again ask the high court to rule on the case if he ultimately loses in lower court proceedings.

Drive to Scrap Red-Light Cameras by Referendum Ends as Palm Coast Grapples With Consequences of Severing Contract

| May 14, 2014

Palm Coast’s contract with ATS to run the city’s red-light cameras runs through September 2019 but is mostly silent on monetary penalties should the city opt out. An earlier version of the contract had granted Palm Coast the authority to end it without cause, but the city inexplicably scrapped that provision in 2012.

Palm Coast Memo on Red-Light Camera Clash With Court Shows Missteps and Assumptions

| May 13, 2014

The City of Palm Coast today submitted a 16-page memo to Flagler County Judge Melissa Moore-Stens explaining, without apologies, its absence from a hearing before the judge on April 30, an absence it sought to justify while hinting at blaming the court for being unclear about its intentions.

Palm Coast Council May Consider Red-Light Camera Referendum, But Wants More Talk

| May 6, 2014

There were no dramatic moves Tuesday evening among council members or from the city manager. A dozen members of the public addressed the issue, as did City Manager Jim Landon, as did most of the council members and the mayor. But in the end, the most conclusive action was that the council should talk the matter over more thoroughly at a workshop soon.

Federal Lawsuit Against Palm Coast Code Enforcement Charges Search and Due Process Violations

| March 13, 2014

Linda Thomas, a retired attorney in Palm Coast, filed the lawsuit in federal district court, charging the city’s code enforcement division with violations of the 4th and 14th amendments. Flagler County circuit court in two rulings already found the code enforcement division had improperly and arbitrarily cited Thomas, but the court did not address constitutional issues.

Arrested For Felony Child Abuse and Pot Possession: The Mother’s Account

| February 5, 2014

Sophia Zhudro is the 30-year-old resident of Palm Coast’s B-Section who was arrested on Jan. 24 for marijuana possession as she was parked with her 15-month-old on the side of a residential street in her neighborhood. She tells her side of the story, taking issue with the way the incident was related by police.

He Won’t Give Up: Scott Taking Drug Testing of State Employees to U.S. Supreme Court

| January 15, 2014

Lawyers for Scott filed a petition this week asking the Supreme Court to hear the case, after the 11th U.S. Circuit Court of Appeals last year ruled against across-the-board drug testing, but various groups blasted the Scott administration for continuing to pursue the drug tests. They pointed to repeated past rulings against such drug testing.

Gov. Scott Now 0-For-4 on Drug-Testing as Federal Judge Harshly Criticizes Violation of Welfare Recipients’ Rights

| January 2, 2014

In a harshly worded, 30-page opinion, the judge concluded that “there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied.”

Your Backpack Please: Florida Appeal Court Rules Legal Search Based on Anonymous Tip

| December 27, 2013

A high school student who took a loaded gun to school argued that the search of his back-pack, based on an anonymous tip, was illegal. A 2-1 ruling of the Third District Court of Appeal disagreed.

Should Cops Have Power to Track You in Real Time Through Cell Phones? Court Will Decide.

| October 7, 2013

Grappling with privacy rights amid fast-changing technology, the Florida Supreme Court on Monday heard arguments in a challenge to police using “real-time” cell-phone information to track a suspect in a drug case.

Gun Rights Advocates and Church Join in Suit Against NSA as Companies Petition White House

| July 18, 2013

Sixty-three companies are asking the federal government to allow companies that receive foreign-intelligence surveillance requests to publicly discuss those requests in basic terms, while gun rights advocates have joined the Unitarian Church and the Electronic Frontier Foundation in a lawsuit against NSA spying on First Amendment grounds.

Federal Appeals Court Strikes Down Scott’s Drug-Testing of State Workers as Too Broad

| May 29, 2013

The 11th Circuit Court of Appeals declared an executive order by Riock Scott to drug-test 85,000 state employees and all job applicants as mostly unconstitutional, but left room for a lower court decision to be rewritten to allow for certain employees in certain categories to be drug tested–essentially restoring Florida’s drug-testing standard to what it was before the governor’s executive order.

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.

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.

Rick Scott’s Obsession With Other People’s Urine

| May 3, 2012

Anyone other than my doctor who’d ask me to pee in a cup isn’t just out of line. He’d be out of his mind. Yet an entire industry thrives on such cup-holders, Gov. Rick Scott among them, and millions of Americans are not only complying with the docility of circus animals. They’re encouraging the indignity and asking for more.

Federal Judge Rules Gov. Rick Scott’s Random Drug-Testing of State Workers Unconstitutional

| April 26, 2012

Federal District Judge Ursula Ungaro found that Scott’s order requiring drug tests violates the Fourth Amendment, as there is no “compelling need for testing.” Scott said he’d appeal the ruling.

The 4th Amendment, Stripped and Degraded

| April 8, 2012

The Supreme Court’s decision allowing the strip-searching of anyone booked into jail–no matter how small the charge, no matter the presumption of innocence of the accused–is merely the latest in a long series of constitutional violations, enshrined by conservative justices.

Federal Judge Calls Florida’s Drug-Testing Of Welfare Recipients Unconstitutional

| October 24, 2011

Judge Mary Scriven called Florida’s requirement that welfare recipients be drug-tested a violation of 4th Amendment protections against unreasonable searches, and dismissed claims that the law would save money.

Federal Suit Filed Against Florida Law Requiring Drug Tests of Welfare Recipients

| September 7, 2011

The new law requires recipients of temporary cash assistance to pay $35 to $45 for a drug test first. The ACLU charges the law stigmatizes low-income people and amounts to a suspicionless search.

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