Truth News

Cop Accused of Tasering Teen Heads to Court

TruthNews.US - News - Wed, 2024-11-27 18:33
Delco Times | Officer Parham is accused of tasering a 17-year-old shackled behind bars with handcuffs on; he then texted fellow officer 'got tased in the cell lol.'

Planet Infowars: Resistance, Powered by Infowarriors Worldwide

TruthNews.US - News - Wed, 2024-11-27 18:33
Infowars | The official launch of a social networking platform that will allow awakening minds to connect, organize and form pockets of resistance worldwide against the New World Order.

‘NATO 3′ Say Evidence Against Them Planted in Their Apartment

TruthNews.US - News - Wed, 2024-11-27 18:33
Miami Herald | They first stated they were ‘in shock and have no idea where these charges are coming from;’ now say evidence was planted in their homes.

S.D.N.Y.: Defendant must contest facts in police reports to get a suppression hearing

FourthAmendment.com - News - Wed, 2024-11-27 18:33

Where the arrest reports show defendant consented to a search, the defendant must file an affidavit in opposition to get a hearing to show a disputed fact. United States v. Rosario, 2012 U.S. Dist. LEXIS 69240 (S.D. N.Y. May 11, 2012).*

An AT&T technician visiting defendant’s house and working on his internet connection accessed the computer to see if it would connect to the internet and saw child pornography. This was not a government search. United States v. Jurek, 2012 U.S. Dist. LEXIS 70242 (N.D. Ohio May 21, 2012).*

Defendant was stopped on a motorcycle on the closed Quantico Marine base by a U.S. Marines police officer. The officer first thought he might be lost, but his demeanor suggested criminal activity of some sort, and the frisk of his back pack after he admitted there was a knife in there and had no DL was reasonable. United States v. Cooper, 2012 U.S. Dist. LEXIS 70001 (E.D. Va. May 18, 2012).*

D.N.J.: Computer SW was limited to 2007 records, but search went way back; search violated the warrant when FBI failed to limit the keyword search

FourthAmendment.com - News - Wed, 2024-11-27 18:33

The search warrant sought computer records for 2007, but the government’s computer search intentionally wasn’t limited and found incriminating records from 2003 and 2004. The government’s failure to limit the search violated the terms of the search warrant. Also, one defendant who had a desk and a computer in a common area had an expectation of privacy in both because nobody else used them. Moreover, the computer was password protected. United States v. Reeves, 2012 U.S. Dist. LEXIS 68962 (D. N.J. May 17, 2012):

In particular, Special Agent Cassin testified that he had the ability to limit his search to the calendar year 2007 and search for documents that were created and modified in 2007. He also had the ability to search for the year "2007" or "/07," etc., in the body of the documents using a keyword search. Special Agent Cassin, however, testified that he did nothing to so limit his search and instead searched all the files on the Harbor House computers without regard to their date. Specifically, Special Agent Cassin disregarded the scope of the warrant by engaging in broad keyword searches of all the electronic files on the computers.

This is unreasonable and violates the Fourth Amendment. It is evident that Special Agent Cassin took no efforts to comply with the temporal scope of the warrant and disregarded the express date limitation contained therein. Special Agent Cassin did not conduct his search in a manner that minimized unwarranted intrusions upon privacy and his broad keyword search was more akin to "'general, exploratory rummaging" in Harbor House's computer files rather than a particular search in accordance with the express limitations of the search warrant. Andresen v. Maryland, 427 U.S. at 481. If the government felt they had enough probable cause to justify a search of Harbor House computers for all documents related to oysters and the Reeves Brothers, which is essentially what the government did, then the government needed to re-apply for a new warrant or put forth sufficient probable cause for such a broad search in their initial application. The government did neither in this case and thus their search is unreasonable as to the pre-2007 documents.

The government's reliance on United States v. Stabile, 633 F.3d 219, 241-42 (3d Cir. 2011) is misplaced. In Stabile, the government inadvertently found child pornography files on the defendant's computer while searching the computer for evidence of financial fraud. The discovery of the child pornography was inadvertent and immediately apparent due to the lurid names of the electronic files. Such files containing child pornography were in plain view of the searching agents and could thus be seized as evidence of crime.

The instant action is clearly distinguishable. There was no inadvertence by the government in finding the 2003 and 2004 incriminating documents at issue here. These documents would not have been retrieved if the search was limited pursuant to the terms of the search warrant which only authorized the government to search for documents created or modified from January 1, 2007 to December 31, 2007. The discovery of these two 2003 and 2004 documents was the result of the government's overly broad keyword search. ...

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