General thread for Courts, Law, and Legal Issues

Post Reply
User avatar
RTH10260
Posts: 24616
Joined: Tue Mar 02, 2010 8:52 am
Location: Near the Swiss Alps

General thread for Courts, Law, and Legal Issues

#1

Post by RTH10260 »

I haven't located a thread for small stuff, else please merge

User avatar
RTH10260
Posts: 24616
Joined: Tue Mar 02, 2010 8:52 am
Location: Near the Swiss Alps

Re: General thread for Courts, Law, and Legal Issues

#2

Post by RTH10260 »

Removing a GPS tracking device from your car isn’t theft, court rules
Indiana high court: Removing a small unmarked device from your car isn't theft.
TIMOTHY B. LEE - 2/25/2020, 1:38 AM

An Indiana man may beat a drug prosecution after the state's highest court threw out a search warrant against him late last week. The search warrant was based on the idea that the man had "stolen" a GPS tracking device belonging to the government. But Indiana's Supreme Court concluded that he'd done no such thing—and the cops should have known it.

Last November, we wrote about the case of Derek Heuring, an Indiana man the Warrick County Sheriff's Office suspected of selling meth. Authorities got a warrant to put a GPS tracker on Heuring's car, getting a stream of data on his location for six days. But then the data stopped.

Officers suspected Heuring had discovered and removed the tracking device. After waiting for a few more days, they got a warrant to search his home and a barn belonging to his father. They argued the disappearance of the tracking device was evidence that Heuring had stolen it.

During their search, police found the tracking device and some methamphetamine. They charged Heuring with drug-related crimes as well as theft of the GPS device.



https://arstechnica.com/tech-policy/202 ... urt-rules/

User avatar
fierceredpanda
Posts: 2730
Joined: Sun Apr 17, 2016 3:04 pm
Location: BAR Headquarters - Turn left past the picture of King George III
Occupation: Criminal defense attorney - I am not your lawyer, and my posts do not constitute legal advice

Re: General thread for Courts, Law, and Legal Issues

#3

Post by fierceredpanda »

Loretta Rush, Chief Justice of Indiana, might be my new favorite jurist in the country just for writing something this blindingly obvious:
"We find it reckless for an officer-affiant to search a suspect's home and his father's barn based on nothing more than a hunch that a crime has been committed," the court wrote. "We are confident that applying the exclusionary rule here will deter similar reckless conduct in the future."
As a defense attorney in a state where the supreme court has gradually allowed the exceptions to the Fourth Amendment (in particular, the so-called "community caretaker" exception) to swallow the rule entirely, it cheers me beyond words to see a unanimous court in a nearby state send the message that law enforcement must operate within the bounds of the Constitution. What a concept!
"There's no play here. There's no angle. There's no champagne room. I'm not a miracle worker, I'm a janitor. The math on this is simple; the smaller the mess, the easier it is for me to clean up." -Michael Clayton


User avatar
Tiredretiredlawyer
Posts: 9892
Joined: Tue May 10, 2016 2:56 pm
Location: Animal Planet
Occupation: Permanent probationary slave to 1 dog, 1 cat, and 1 horse, 4 granddogs, and one grandcat.

Re: General thread for Courts, Law, and Legal Issues

#4

Post by Tiredretiredlawyer »

There's a Fourth Amendment?
A 19th Amendment Centennial Moment:
The 19th Amendment was first introduced to Congress in 1878, yet it was not approved by Congress until 1919 – 41 years later.
- https://legaldictionary.net/19th-amendment/

User avatar
RTH10260
Posts: 24616
Joined: Tue Mar 02, 2010 8:52 am
Location: Near the Swiss Alps

Re: General thread for Courts, Law, and Legal Issues

#5

Post by RTH10260 »

ICE has access to Maryland driver’s license records. State lawmakers want to limit it.

By KEVIN RECTOR BALTIMORE SUN |
FEB 26, 2020 | 6:45 PM

Armed with new evidence that federal immigration officials accessed a state database of licensed Maryland drivers dozens of times in the last two years, state lawmakers are proposing legislation to limit their access in the future.

State and federal officials urged caution in response, suggesting retaliatory measures from the Trump administration could affect all Marylanders.

The bill, backed by Democrats, would force U.S. Immigration and Customs Enforcement agents to get a warrant if they want to run images of targeted individuals through the Maryland Image Repository System, known as MIRS, which holds the motor vehicle records and driver’s license pictures of millions of residents and allows image comparisons using facial recognition software.

The bill also would require the state to track federal queries to the system moving forward.

Currently, any credentialed ICE agent can access that system remotely, and without a warrant. Last year, lawmakers obtained information from the state’s Department of Public Safety and Correctional Services, which maintains MIRS, that ICE officials had logged into the system 14 times in 2018 and 42 times in 2019. State officials said it was unclear how many searches were conducted after each log-in, or who was the subject of those searches.


https://www.baltimoresun.com/politics/b ... story.html

User avatar
RTH10260
Posts: 24616
Joined: Tue Mar 02, 2010 8:52 am
Location: Near the Swiss Alps

Re: General thread for Courts, Law, and Legal Issues

#6

Post by RTH10260 »

Venezuelan President Is Charged in the U.S. With Drug Trafficking
Federal prosecutors plan to accuse President Nicolás Maduro of participating in a “narco-terrorism conspiracy.”

Katie Benner
March 26, 2020 Updated 10:50 a.m. ET

The president of Venezuela, Nicolás Maduro, was charged in the United States on Thursday with federal drug trafficking crimes after an investigation by federal authorities in Washington, New York and Florida, people briefed on the matter said.

The charges were expected to be announced Thursday morning at a live-streamed video news briefing by the head of the U.S. Justice Department’s Criminal Division in Washington and the top federal prosecutors in New York and Miami, according to a news advisory.

In addition to Mr. Maduro, charges are also expected to be announced against nearly a dozen others, including the Venezuelan government and intelligence officials and members of the largest rebel group in Colombia, the Revolutionary Armed Forces, known as FARC, which has long drawn its financing from the cocaine trade.

Few details of the charges were not available early on Thursday, but the charges included narco-terrorism conspiracy and conspiracy to import cocaine into the United States.

The charges come a month after President Trump, in his state of the union address, called the Venezuelan head of state “an illegitimate ruler, a tyrant who brutalizes his people,” and vowed that “Maduro’s grip on tyranny will be smashed and broken.”



https://www.nytimes.com/2020/03/26/nyre ... aduro.html

User avatar
ZekeB
Posts: 16631
Joined: Mon Oct 12, 2009 10:07 pm
Location: Northwest part of Semi Blue State

Re: General thread for Courts, Law, and Legal Issues

#7

Post by ZekeB »

Tiredretiredlawyer wrote:
Tue Mar 03, 2020 10:33 am
There's a Fourth Amendment?
Silly lawyer. All you need to know is the First, SECOND (caps intentional) and Fifth. :thumbs:
Trump: Er hat eine größere Ente als ich.

Putin: Du bist kleiner als ich.

User avatar
Tiredretiredlawyer
Posts: 9892
Joined: Tue May 10, 2016 2:56 pm
Location: Animal Planet
Occupation: Permanent probationary slave to 1 dog, 1 cat, and 1 horse, 4 granddogs, and one grandcat.

Re: General thread for Courts, Law, and Legal Issues

#8

Post by Tiredretiredlawyer »

ZekeB wrote:
Thu Mar 26, 2020 11:29 am
Tiredretiredlawyer wrote:
Tue Mar 03, 2020 10:33 am
There's a Fourth Amendment?
Silly lawyer. All you need to know is the First, SECOND (caps intentional) and Fifth. :thumbs:
:oops:
A 19th Amendment Centennial Moment:
The 19th Amendment was first introduced to Congress in 1878, yet it was not approved by Congress until 1919 – 41 years later.
- https://legaldictionary.net/19th-amendment/

User avatar
RTH10260
Posts: 24616
Joined: Tue Mar 02, 2010 8:52 am
Location: Near the Swiss Alps

Re: General thread for Courts, Law, and Legal Issues

#9

Post by RTH10260 »

Trump Must Face Lawsuit Over Attacks on News Media
March 24, 2020JOSH RUSSELL

MANHATTAN (CN) – A federal judge refused Tuesday to dismiss a literary advocacy group’s First Amendment claims over President Donald Trump’s threats to retaliate against critical media coverage by revoking White House press credentials.

PEN America’s October 2018 federal complaint filed in the Manhattan sought a judgment that Trump violated the First Amendment when he used the power of the federal government “with intent to retaliate against or otherwise constrain speech critical of him or his administration.”

“These are classic First Amendment injuries,” U.S. District Judge Lorna Schofield wrote in a 24-page opinion Tuesday, advancing the literary organization’s surviving claims for declaratory relief.

“Plaintiff has constitutional standing to pursue First Amendment claims against defendant’s practice of selectively barring access to the White House press corps, including by revoking or threatening to revoke press credentials, due to hostility to the reporters’ speech and revoking or threatening to revoke the security clearances of former government officials whose commentary he dislikes,” the ruling states.

President Donald Trump talks with reporters on the South Lawn of the White House in March 2019. (AP Photo/Susan Walsh)
Schofield, an Obama appointee, was persuaded by PEN America’s claims that Trump’s barring of CNN reporter Jim Acosta from the White House did in fact chill journalists’ free speech.

During a press conference on Nov. 7, 2018, the day after Democrats won big in the midterm elections, Trump took umbrage with Acosta’s questioning and had the CNN reporter’s press credentials stripped. The president also directed his press secretary to warn other reporters that they would face similar consequences as Acosta.


https://www.courthousenews.com/trump-mu ... ews-media/

User avatar
woodworker
Posts: 2891
Joined: Thu Jun 02, 2011 2:54 pm

Re: General thread for Courts, Law, and Legal Issues

#10

Post by woodworker »

Also, suit against Trump for fraud re: his Panama hotel shall continue:

https://thehill.com/regulation/court-ba ... an-proceed

DISCOVERY, JUST IN TIME FOR THE ELECTION. I suspect the man who never settles - settles. I just hope the plaintiff's don't agree to confidentiality.
bring out the tumbrils -- lots of them.

User avatar
RTH10260
Posts: 24616
Joined: Tue Mar 02, 2010 8:52 am
Location: Near the Swiss Alps

Re: General thread for Courts, Law, and Legal Issues

#11

Post by RTH10260 »

:confused: :doh: :cantlook:
cyrus parsa wrote:Why We Sued Big Tech for Artificial Intelligence Misuse & Contribution to Win for Humanity
31 Jan 2020

The Biggest Lawsuit in Human History. Big Tech and China John Does 1-29 Sued for Weaponized A.I. Tech Transfer, Complicity to Genocide in China and Endangering Humanity with the Misuse of Artificial Intelligence.

User avatar
Notorial Dissent
Posts: 13621
Joined: Thu Oct 17, 2013 8:21 pm

Re: General thread for Courts, Law, and Legal Issues

#12

Post by Notorial Dissent »

And GIL isn't fronting this, he'll be furious.
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

Post Reply

Return to “Courts, Law, and Legal Issues”