Daily Archives: January 2, 2014

Fourth Amendment Void Within 100 Miles Of US Border

Good to know..

YouViewed/Editorial

Court Upholds Willy-Nilly Gadget Searches Along U.S. Border

 

 

 

 

” A federal judge today upheld a President Barack Obama administration policy allowing authorities along the U.S. border to seize and search laptops, smartphones and other electronic devices for any reason.

  The decision (.pdf) by U.S. District Judge Edward Korman in New York comes as laptops, and now smartphones, have become virtual extensions of ourselves, housing everything from email to instant-message chats to our papers and effects.

  The American Civil Liberties Union brought the challenge nearly three years ago, claiming U.S. border officials should have reasonable suspicion to search gadgets along the border because of the data they store. But Judge Korman said the so-called “border exemption,” in which people can be searched for no reason at all along the border, continues to apply in the digital age.

  Alarmingly, the government contends the Fourth-Amendment-Free Zone 

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Know Your Rights … Before You Need To Invoke Them

YouViewed/Editorial

YOU HAVE THE RIGHT TO STAY OUT OF JAIL

 

 

know-your-rights

3 Levels of police/citizen encounters

● Consensual – casual conversation 
○ Evidence level required – Zero
○ Freedom to leave – yes
○ ID required – no
○ Legal search – plain sight or consensual
○ Example: Officer knocks on door to ask if you saw anything

● Investigative Detention- Temporary detainment for further info.
○ Evidence level required – Reasonable Articulable Suspicion
■ Visible paraphernalia (Ziplocks, rolling papers, pipes)
■ Tools for B&E (Crowbar, slim jim, weapons)
■ Profiling (Paper tag, DARE/Police decals, College attire, Gangster attire)
○ Freedom to leave – no (approx. 15-20 minute max)
○ ID required – not in 26 states (exception: you’re a driver)

○ Legal search: frisk, plain sight, or consensual
○ Example: Officer sees you wearing a ski mask at night.
● Arrest – Taken into police custody
○ Evidence…

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