Thursday, January 6, 2011

Florida Professor Arrested for Having a "Suspicious" Bagel on a Plane

From NBC Miami:
A Florida professor was arrested and removed from a plane Monday after his fellow passengers alerted crew members they thought he had a suspicious package in the overhead compartment.
That 'suspicious package' turned out to be keys, a bagel with cream cheese and a hat.

Wednesday, January 5, 2011

Appeals courts reel in community caretaker function, clarify law for vehicle searches

From the State Bar of Wisconsin:
Two recent Fourth Amendment cases clarify the law relating to warrantless searches of a home and vehicle. One case deals with the community caretaker exception that allows police to enter a home without a warrant if they believe someone is in need of assistance. The other case deals with vehicle searches in light of a U.S. Supreme Court case restricting police authority.

The Stripping of Freedom: A Careful Scan of TSA Security Procedures

The Stripping of Freedom: A Careful Scan of TSA Security Procedures:
WHEN: Thursday, January 6, 2011, 8:30 am Registration
WHERE: The Carnegie Institute for Science – 1530 P St. N.W. Washington, DC
WHO: Electronic Privacy Information Center (EPIC), Rep. Rush Holt (D-NJ)
WHAT: An Assessment of the TSA Airport Body Scanner Program

This one-day symposium will explore the controversy surrounding the TSA airport screening program. Panelists will review the scientific and legal objections to the program and discuss areas for reform.

Brian Doherty on the TSA's Intrusions on American Dignity

From Reason Magazine:
The new scanning technologies rolled out by the Transportation Security Administration (TSA) are undignified and meant to be. The illusion of choice surrounding their use is intended to funnel us into an even more undignified situation. Be exposed electronically in full, or physically molested, or go back home. These are unprecedented demands on Americans moving through the theoretically free world, not some penitentiary or asylum.

Tuesday, January 4, 2011

TSA cares deeply about privacy - Their own

From the Washington Examiner:
The Transportation Security Administration cares deeply about privacy. Just not yours. While we are subject to invasive searches bordering on gynecological exams, the TSA has spent years defending its own privacy and successfully evading Freedom of Information Act requests.

Brian Williams Groped by the TSA

From TVNewser:
On “Late Show with David Letterman” last night, NBC’s Brian Williams talked about recent heightened TSA screening procedures and had to admit, the TSA has gone there with him.

Plastic kiddie wings no longer a threat!

From Salon.com:
At least one major U.S. airline has restarted an old tradition: giving away little plastic wings to kids.

This practice had been curtailed in the wake of the 2001 terror attacks. If I told you the curtailment was done as a cost-cutting measure, well, that would be embarrassing enough (a set of wings can't run more than a penny or two). Actually, it's worse than that. The real reason is almost too pathetic to be believed: Transportation Security Administration banned the distribution of toy wings because of the small metal pin affixed to the backside.

More than 600 sign petition against Metro bag searches

From the Washington Examiner:
More than 600 people have signed a petition against Metro’s new random bag searching policy.

The D.C. Bill of Rights Coalition and the Montgomery County Civil Rights Coalition have been gathering signatures since the transit agency began checkpoints to randomly screen riders’ belongings for explosives late last month.

Privacy concerns go beyond airport

From the Richmond Times-Dispatch:
When it comes to privacy invasion, some folks must get hit below the belt before they cry foul.

'Don't touch my junk' has become the rallying cry of travelers who argue that Transportation Security Administration airport screenings have gone too far.

Last week, Richmond International Airport became the focus of this debate when Aaron B. Tobey was charged with disorderly conduct after taking off some of his clothes in protest at the security checkpoint. Inscribed on his torso was this message: 'Amendment 4: The right of the people to be secure against unreasonable searches and seizures shall not be violated.'

But the assault on the Fourth Amendment began long before the TSA installed new high-tech body scanners at RIC in November 2008, or before it instituted aggressive airport pat-downs two months ago.

Details of "unlawful search" protest released by airport

From the Richmond Times-Dispatch:
Images of Aaron Tobey's protest of airport search procedures were released this evening by Richmond International Airport Police.

The images and arrest information, requested through the state's Freedom of Information Act by the Richmond Times-Dispatch, show a frontal image of the 21-year-old Charlottesville resident's inked torso carrying the familiar words of the Fourth Amendment.

Warrantless cellphone search OK in California, but not in Ohio

Earlier today I wrote about the decision by the California Supreme Court to permit warrantless searches of cell phones in searches incident to a lawful arrest.  Here is a case from December 2009 from the Ohio Supreme Court which has similar facts but the court ultimately came to a different conclusion.  With conflicting rulings from two separate state supreme courts (and a federal district court), the issue will likely to get more attention from the Supreme Court.

State v. Smith

Court clears warrantless cellphone searches

From TG Daily:
California's Supreme Court has ruled that the police don't need a warrant to read text messages held on a suspect's phone.

The opinion was handed down during the trial of Gregory Diaz, arrested for drug dealing in 2007. On his arrest, the police found tabs of Ecstasy in his possession, along with a phone containing a suspicious text message that appeared to be agreeing a price.

Warrantless searches of 'persons, houses, papers, and effects' are permitted where they are 'incident to lawful arrest' - on the grounds that there's always a danger that the arrested person might try to conceal or destroy evidence.
This article also gets a +1 for actually linking to the text of the decision. Bravo!

People v. Diaz