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Posts tagged as: fourth amendment

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.

License for Probable Cause: Justices Rule You May Be Pulled Over For Any Visible Tag Issue

| May 13, 2016

Florida Justices, in a 5-2 decision, rejected an appeal from a driver stopped by Orlando police because a tag light and wires were hanging over the license plate on a vehicle he was driving.

Sheriff Plans DUI Checkpoint Saturday at SR100 East of Old Kings Road Saturday Night

| August 27, 2015

The checkpoints typically result in far fewer arrests for drunk driving than for other reasons: drivers may charged with a host of issues that have nothing to do with drunk driving, including for drug possession or for non-moving violations such as non-functioning headlights or tail lights or irregular registration.

Backdoor Snooping: Why the U.S. Is Wrong to Oppose Full Encryption of Your iPhone

| June 29, 2015

The U.S. argues that the country will be less safe if the proper authorities have no “backdoor” – a piece of code that lets them in. Software engineers call backdoors “vulnerabilities,” deliberate efforts to weaken security.

As Compliance Replaces Controversy, Sheriff Cautions of 2 DUI Checkpoints in Palm Coast

| December 18, 2014

The checkpoints, which must follow strict guidelines, will be located at Palm Coast Pkwy NW and Frontage Road as well as State Road 100, East of Old Kings Road.

Taxpayers’ Bill for Rick Scott’s Losing Battle to Drug-Test Welfare Recipients: $307,000 and Rising

| December 8, 2014

ACLU of Florida Executive Director Howard Simon, who blamed the governor and the Legislature for the cost to taxpayers, blasted Scott for refusing to back down as the governor mulls appealing the latest decision calling his ploy unconstitutional.

No Castle Doctrine: A Homeowner Is Arrested in F Section For Refusing to Let In Cops to Serve a Warrant

| June 3, 2014

Susan Jones, for more than seven years a home owner on Palm Coast’s Ferdinand Lane, was arrested when she attempted to refuse entry to deputies who wanted to serve an arrest warrant on another woman staying in Jones’s house.

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.

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.

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.

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.

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.

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.

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.

When Cops Track Your Cell Calls and Location On Public Roads: No Expectation of Privacy

| September 8, 2011

Florida’s 4th District Court of Appeals Wednesday ruled that tracking a drug dealer through his cell phone as he traveled across the state was legal as long as he did not go onto private property.

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.

Scott Retreats: No Drug-Testing of State Workers, At least For Now

| June 16, 2011

The ACLU of Florida called it a “a massive and embarrassing retreat,” but Scott says it’s merely a temporary delay, pending a constitutional challenge to his executive order.

ACLU Sues Rick Scott As Drug Testing of Public Employees and Welfare Recipients Begins

| June 2, 2011

The US Supreme Court makes drug-testing exceptions for public safety and similar jobs. Broader intrusions have been struck down. This suit is the first in what’s expected to be a series of suits triggered by Rick Scott initiatives.

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