The Supreme Court, a institution stepped in tradition, must come to terms with new technology and rule on warrants for GPS tracking devices. The Governments position is, like trash which you need no warrant to inspect once it put out for pick up, a vehicle on public roads is subject to GPS surveillance. With technology making quantum leaps, this is a very important Supreme Court decision. Lets hope they do the right thing.Posted in Blog | October 16, 2011
California Governor Jerry Brown vetoed a bill that would have made it illegal, for law enforcement, to search a suspects cell phone durning a arrest unless a warrant is issued by the court.
LOCK YOUR CELL PHONE WHEN NOT IN USEPosted in Blog | July 18, 2011
Courts wont restrict violent video games. In a 7 to 2 vote the high court shot down california’s law that restricted violent video games to minors. The cour stated video games fall under the first amendment & the government has no power to restrict ideas, even to minors. Justice scalia went so far as to compare violence in video games to gore in grimm fairy tales. It seems clear, the court wants restrictions to come from parents and not the government and isn’t this best for all concerned.
Facebook takes stand
Cnn reported today that facebook has taken a stand against law enforcement request for user information. Without a warrant no information will be turned over to investigators….
Cell phone search warrants
Warrant-less cell phone search warrants are spreading across the u.S. Is it legal, well that depends on what state you are in. Regardless of the legality of it, many law enforcement agencies do it, and i speak from experience. If you are concerned about police accessing your cell phone data, use your security setting pass code to secure it. If the police ask you to unlock it, inform them “not without a warrant”.
Minors get miranda rights
The supreme court ruled last week that age must now be considered when questioning children. The court ruling states that minors must be advised of their miranda rights, whenever and wherever they are questioned. In the past interviews done at schools did not include advising students of their right to remain silent. Information gained in this manor has been used to get convictions against juveniles.Posted in Blog | May 26, 2011
After years of lower court rulings, ignored by the Californian Department of Corrections, the highest court in the land has spoken. In a split of five to four the CDC has two years to cut prison population by 33,000 inmates. By no means will the prison doors swing open and society be flooded with menacing felons, as opponents of the ruling have stated. Their argument is, without proper rehabilitation, crime will run ramped in our streets. It’s obvious these detractors have little understanding, that prison is about housing and not rehabilitation. In all likelihood most of the nonviolent inmates will be sent to county levels, or be relocated out of state. Hopefully this will also encompass sentencing reforms.
The high court ruled the conditions violate the Eight Amendment, which protects against cruel and unusual punishment. Among some of the conditions cited where overcrowding, limited staff, population beyond capacity for medical and mental health care, unsafe and unsanitary conditions. This decision came on the heals of a riot, involving 200 inmates at the San Quentin prison chow hall, only one day before the ruling.Posted in Blog | May 12, 2011
Miranda rights have once again taken a hit. A FBI memo from 2010 encouraging agents to interrogate terror suspects without informing them of their right to remain silent, has been uncovered by The Wall Street Journal. This memo also makes no distinction between citizen and non citizen and in all likelihood will allow law enforcement to use this memo in broad strokes against suspects of their choice. The best example is the use of the Patriot Act being used for non terror crimes, from investigations all the way to court trials.Posted in Blog | May 1, 2011
In today’s fast-paced world and unstable economy, it can sometimes be a challenge to keep one’s moral compass pointing true north. When was the last time you took a short cut in the interest of your pocket book? In business we sometimes call them perks, in an investigation they are called misdemeanors and felonies.
There are two types of investigations: covert, where you have no idea until the indictment and arrest takes place, and overt, where you are put on notice. When all things are considered, the covert actions could be viewed as an act of mercy, were you to become the target of a multiagency task force probe. Imagine a four-year investigation ending with a 59-count indictment…but let’s back up a few years.Blog |