Category: Fourth Amendment

Inextricably Bound

Gun owners are America’s fastest-growing criminal class. One state after another is enacting “Show us the gun and we’ll find the crime” laws. Judges and politicians are justifying mass disarmament in the name of “freedom from fear” — as if no one will be safe until government controls every trigger. Federal agencies consider all 20+ million marijuana users who own firearms to be felons (unless their last name is Biden). Presidents Donald Trump and Joe Biden both retroactively outlawed widely-owned firearm accessories, creating new legions of potential jailbirds. At the same time many federal agencies are stockpiling automatic weapons, Biden calls for banning semiautomatic pistols and rifles owned by 50 million Americans. [More]

And as you can see from the other Intolerable Acts presented, it’s not just about RKBA.

That’s the problem with the “single issue” cop-out. Because those doing it know damn well it’s not about guns, it’s about freedom.

[Via bondmen]

Hey, If You’re Not Doing Anything Wrong…

House Speaker Mike Johnson has delayed a vote on two bills relating to FISA Section 702 extension and reform, making it likely that the unconstitutional Section 702 will be renewed without change until April 2024. [More]

Well, that didn’t take long.

So… friend of my enemy, right…?

[Via bondmen]

Appeals Court Rules California Can Continue Doxing Gun Owners to Agenda ‘Researchers’

That “misuse” can be deliberate by activists gone wild or due to lax/incompetent security protocols. And it’s not like sensitive and supposedly secure government systems at the highest levels can’t be breached and hacked by anyone, from cyber criminals to foreign enemies. It’s not like names, addresses, and lists don’t have real-world street value, and it would be just like the prohibitionists to have their efforts actually increase violence and its incentives. [More]

Why do you need privacy if you’re not doing anything wrong?

Back this Blue?

Attorneys representing the Second Amendment Foundation and its partners in a challenge to the Montgomery County Sheriff’s effort to conduct warrantless searches and seizures from licensed firearms retailers in the county have filed a brief in response to objections by the defendants, in support of an application for summary relief. [More]

I don’t expect an answer.

The Immunity Syndrome

When Matthew sued the judge for these egregious violations of constitutional rights, Goldston argued that she could not be sued even if she had violated the Constitution by invoking judicial immunity. [More]

Making people you persecute believe they have no legal recourse seems like an invitation to try it another way.

[Via Michael G]

We’re the Only Ones Fishing Enough

Like geofence warrants, keyword warrants cast a dragnet that require a provider to search its entire reserve of user data—in this case, queries by one billion Google users. Police generally have no identified suspects; instead, the sole basis for the warrant is the officer’s hunch that the suspect might have searched for something in some way related to the crime. [More]

Ah, the old Inspector Clouseau theory of policing…

So what happens if you use Duck Duck Go?

[Via Michael G]

A Double-Oxymoron

The feds called the manufacturer of his Liberty Gun Safe and got the passcode to get into it too. [More]

There’s a discussion going on at AR15.com.

They’re taking a beating on Twit…uh…X.

The company says there was an exculpatory warrant that explains its action.

That doesn’t explain why there was a “back door,” and why that’s a surprise to so many.

[Via WiscoDave]

We’re the Only Ones Gamey Enough

It’s no secret that game wardens wield exceptional authority, but what happens when they abuse their power and use it to trample gun owners’ 4A rights? One such instance recently occurred with game wardens violating a gun owner’s 4A rights on their own property. [Watch]

Acton’s Law in action…

Well, it’s not like THEY work for YOU…

[Via Jess]

It’s Not Like the Bill of Rights was Meant for the People…

The ruling is major for many reasons, including that the government tried to claim that charter boat fishing is a “closely-regulated industry” to which the Fourth Amendment does not apply. [More]

Ah, the Scarborough Doctrine of authorized free speech exercisers…

And don’t forget Hogg’s Resurrected Postulate…

[Via Michael G]

Under Consideration

David M. Greco, Petitioner v. Matthew J. Platkin, Attorney General of New Jersey, et al… Dec 28 2022 DISTRIBUTED for Conference of 1/13/2023. [More]

This is a FOURTH AMENDMENT challenge to New Jersey’s “red flag” law based on unconstitutional search and seizure…

Armed Scholar explains.

[Via Jess]

Our Own Domestic Stasi

All of this leaves us with an FBI out of control and run by a director who has been credibly accused of misleading Congress while under oath — a felony — and whose agents have been credibly accused of conspiracy to engage in computer hacking — also a felony. [More]

So when do the frog marches begin?

Never?

We’re the enemy?

[Via bondmen]

We’re the Only Ones Detained Enough

The indictment says Woodrow Massa, 66, participated in the arrest and detention of two people “despite the absence of an arrest warrant or probable cause,” denying the individuals their Constitutional right from unreasonable seizure. [More]

Not so fun on the other side of the table, is it, Woody? It must be pretty ironic knowing your only hope is if your captors violate the law worse than you did…

[Via bondmen]

The Real Story

“But the real story here isn’t that I am seeking to change my name, but that a process that is supposed to protect and shield those in danger was undermined and sealed information was released to the right wing media within hours of my filing… [More]

The real story here is anyone who thinks the government has their privacy interests at heart is delusional.

Welcome to our world, lefty.

[Via Remarks]

Supes to Big Brother: Hold Our Beer

“In a 7-4 vote on Tuesday, the San Francisco Board of Supervisors agreed to test Mayor London Breed’s controversial plan to overhaul the city’s surveillance practices, which will allow police to access private security cameras in real time.” [More]

I’m surprised that’s not challengeable on privacy grounds and also as a kind of unfunded mandate since the government doesn’t share in the costs.

[Via Andy M]

We’re the Only Ones Foggy Enough

Police have used “Fog Reveal” to search hundreds of billions of records from 250 million mobile devices, and harnessed the data to create location analyses known among law enforcement as “patterns of life,” according to thousands of pages of records about the company. [More]

Add that to this and welcome to Surveillance Nation!

Hey, if you’re not doing anything wrong, you shouldn’t have anything to hide. Besides, what could go wrong?

Funny, how the economic fascist profiteers behind this keep a personal low profile… The VA State Corporation Commission wasn’t any help either.

[Via Jess]

Suveillance Nation

The country’s largest wireless carriers not only know where you are every time you make a phone call or use your data connection, but they routinely hold onto that location information for months and in some cases years, providing it to law enforcement whether you like it or not, according to carrier letters made public last week by the Federal Communications Commission. [More]

Maybe that’s why they call them “cell” phones…

In a Constitutional system, you could make a case for Fourth AND Fifth Amendment violations without looking too hard. Then again, why should rulers who trample the Second with impunity worry about that?

The Importance of Being Ernst

The senator is requesting that Garland provide details about the ATF investigations, including how the organization establishes probable cause to conduct these visits, as well as whether they obtain a warrant. She also called on the ATF to reveal how many “knock and talks” they have conducted since the ramp-up began in late July. The letter requests that Garland responds within 30 days. [More]

And if he doesn’t? Or just sends back some weasel words that paint the JBTs as heroes out there protecting us from racist domestic extremists? Hell, Eric Holder told a Republican Congress to go **** themselves and he’s still out there being in-your-face about everything.

This is more like Ernst trying to bolster/reestablish gun creds with the uninformed and those with short memories.

[Via Jess]

We’re the Only Ones Perjuring Enough

The FBI told a federal magistrate judge that it intended to open hundreds of safe deposit boxes seized during a March 2021 raid in order to inventory the items inside—but new evidence shows that federal agents were plotting all along to use the operation as an opportunity to forfeit cash and other valuables. [More]

So: Who’s going to jail?

[Via Jess]

As Long as You’re Not Doing Anything Wrong… Are You?

Enrolled Agent: Conservatives Have Nothing to Fear From Beefed-up IRS as Long as They Haven’t Cheated [More]

How is this any different from “You won’t object to us searching you and your premises without a warrant and talking to you without your attorney if you have nothing to hide”?

And who believes this fascist dweeb has actual “GOP friends”?

[Via Michael G]

Tangentially-related UPDATE:

Look at some of the replies. [More]

Most of those will never even question things unless they’re caught in the net. Most have never considered the implications behind “He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.”

[Via WiscoDave]

At Issue

Particularly after Heller and McDonald, as recently reaffirmed by Bruen, the government certainly cannot prevent Petitioner from exercising his Second Amendment right to keep firearms in the home. And the Second Circuit may not use Torvicia’s exercise of that constitutional right to render him vulnerable to government searches and seizures of his
firearms which violate Fourth Amendment protections but for some atextual, judge-invented special needs exception. [More]

“Single issue” apologists and flat-out deceivers take note.

[Via Jess]

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