Tag: police state

Appeals Court: FBI’s Safe-Deposit Box Seizures Violated Fourth Amendment

The FBI violated the Fourth Amendment when its agents rifled through the contents of more than 700 safe-deposit boxes in the aftermath of a March 2021 raid, a panel of federal appeals court judges ruled unanimously on Tuesday.

In doing so, the judges at the 9th Circuit Court of Appeals confirmed what innocent victims of the raid and their attorneys have been arguing for years: that the FBI overstepped the bounds of its warrant issued in the case and failed to follow proper protocol when federal agents cracked open safe-deposit boxes, ran the contents past drug-sniffing dogs, and tried to seize some of the money and other valuables found in the boxes.

The 9th Circuit’s ruling pivots on a detail of the case that Reason first highlighted more than a year ago: the existence of so-called “supplemental instructions” for the handling of the safe-deposit boxes seized at U.S. Private Vaults in Beverly Hills.

The warrant authorizing the raid expressly forbade federal agents from engaging in a “criminal search or seizure of the contents of the safety [sic] deposit boxes.” Under typical FBI procedure, the boxes should have been taken into custody until they could be returned to their rightful owners. But those “supplemental instructions” drawn up by the special agent in charge of the operation told agents to be on the lookout for cash stored inside the safe-deposit boxes and to note “anything which suggests the cash may be criminal proceeds.”

It is “particularly troubling,” wrote Judge Milan D. Smith Jr. in Tuesday’s ruling, that the government was unable to provide any “limiting principle to how far a hypothetical ‘inventory search’ conducted pursuant to customized instructions can go.”

Elsewhere in the ruling, Smith theorized that if a government agency were “given the discretion to create customized inventory policies” for “each car it impounds and each person detained, the ensuing search stops looking like an ‘inventory’ meant to simply protect property and looks more like a criminal investigation of that particular car or person, i.e, more like a ‘ruse.'”

“If there remained any doubt whether the government conducted a ‘criminal search or seizure,’ that doubt is put to rest by the fact that the government has already used some of the information from inside the boxes to obtain additional warrants to further its investigations and begin new ones,” Smith wrote.

“The Ninth Circuit today held that the FBI violated the Fourth Amendment rights of hundreds of people by breaking into their safe deposit boxes to try to forfeit everything worth taking,” Robert Frommer, an attorney with the Institute for Justice, a libertarian legal nonprofit that represented some of the plaintiffs in the case, tells Reason. He said the case should bring renewed attention to a congressional proposal to reform federal forfeiture laws in order to “stop federal cops from continuing to act like robbers.”

A spokesperson for the FBI declined to comment on the ruling and referred the matter to the U.S. Attorney’s Office, which did not respond to Reason’s request for comment.

Keep reading

Pennsylvania District Attorney Sues Federal Government Over Gun Ban For Medical Marijuana Patients

A Pennsylvania district attorney and gun rights advocates have filed a lawsuit in federal court seeking to overturn the ban preventing medical marijuana patients from buying and possessing firearms—the latest in a series of legal challenges to the policy.

Warren County, Pennsylvania District Attorney Robert Greene, a registered medical cannabis patient in the state, teamed up with the Second Amendment Foundation (SAF) to file suit against the federal government in the U.S. District Court for the Western District of Pennsylvania on Tuesday.

This comes as the question over the constitutionality of the federal gun ban for people who use marijuana is now before the U.S. Supreme Court, which is considering taking up the issue.

The new lawsuit names U.S. Attorney General Merrick Garland, as well as the heads of the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as defendants. This represents what the lead attorney for the plaintiffs believes to be the first civil, rather than criminal, challenge to the federal statute.

Greene’s participation in the case is especially notable. The court filing states that the local prosecutor “intends to lawfully purchase, possess, and utilize firearms and ammunition so that he may exercise his constitutional right to keep and bear arms for self-defense and all other lawful purposes.” But he’s barred from doing so under federal statute because of his status as a state-certified medical cannabis patient.

The prosecutor announced late last month that he will not be seeking re-election and will be turning his focus to advocacy on medical cannabis patient rights issues.

Unlike the various previous court cases challenging the constitutionality of the gun ban for plaintiffs who have been criminally prosecuted, with a civl suit like this, “you’re looking at a challenge on behalf of people that are just asserting that this prohibition is unconstitutional, either on its face or as applied—’as applied’ meaning to that individual only,” Adam Kraut, lead attorney for the plaintiff and executive director of SAF, told Marijuana Moment on Tuesday.

“What I’m hoping is not only to win in our lawsuit, but that it sparks the federal Congress to do something and solve this problem because you have millions of Americans who are disenfranchised from their Second Amendment rights, being forced to choose either between treating their symptoms with medical marijuana or exercising their constitutionally guaranteed right,” he said. “That’s not an acceptable.”

Keep reading

Facial recognition used after Sunglass Hut robbery led to man’s wrongful jailing, says suit

A 61-year-old man is suing Macy’s and the parent company of Sunglass Hut over the stores’ alleged use of a facial recognition system that misidentified him as the culprit behind an armed robbery and led to his wrongful arrest. While in jail, he was beaten and raped, according to his suit.

Harvey Eugene Murphy Jr was accused and arrested on charges of robbing a Houston-area Sunglass Hut of thousands of dollars of merchandise in January 2022, though his attorneys say he was living in California at the time of the robbery. He was arrested on 20 October 2023, according to his lawyers.

According to Murphy’s lawsuit, an employee of EssilorLuxottica, Sunglass Hut’s parent company, worked with its retail partner Macy’s and used facial recognition software to identify Murphy as the robber. The image that was put through the facial recognition system came from low-quality cameras, according to the lawsuit. While Houston police department was investigating the armed robbery, the EssilorLuxottica employee called police to say they could stop the investigation because the employee had identified one of two robbers with the technology. The employee also said the system had pointed to Murphy as committing two other robberies, according to the lawsuit.

When Murphy returned to Texas from California, he went to the department of motor vehicles (DMV) to renew his license. Within minutes of identifying himself to a DMV clerk, Murphy told the Guardian he was approached by a police officer who notified him there was a warrant out for his arrest for an aggravated robbery. Murphy said he was not told any details about his supposed crime except for the date the robbery occurred. He realized he was in Sacramento, California, at the time of the robbery – more than a thousand miles away.

“I almost thought it was a joke,” Murphy said.

Still, he was arrested and taken to the local county jail, where he was held for 10 days before being transferred to and processed in Harris county jail.

After a few days at Harris county, his alibi was confirmed by both his court-appointed defense attorney and the prosecutor, and the charges against him were ultimately dropped, according to the lawsuit.

Murphy was never convicted of a crime. Nonetheless, he says his detainment left him with deep scars. He was brutally beaten and gang-raped by three other men in the jail hours before he was released, he alleges. They threatened to kill him if he tried to report them to the jail staff, according to Murphy. After the alleged attack, Murphy remained in the same cell as them until he was released.

“That was kind of terrifying,” Murphy said. “Your anxiety is up so high, you’re still shaking the entire time. And I just got up on my bunk and just faced the wall and was just praying that something would come through and get me out of that tank.”

“The attack left him with permanent injuries that he has to live with every day of his life,” the lawsuit reads. “All of this happened to Murphy because the Defendants relied on facial recognition technology that is known to be error prone and faulty.”

Murphy did not realize facial recognition technology may have been used as evidence against him until two weeks ago, when he began working with his attorney, Daniel Dutko.

Dutko said he discovered from police documents that the Sunglass Hut worker shared camera footage with Macy’s, which employees from the department store chain used to identify Murphy. After that, Macy’s and Sunglass Hut contacted the police together, according to Dutko. Though Macy’s has retail partnerships with the eyewear brand in several locations, Macy’s had no connection to this robbery as the Sunglass Hut in question is a standalone location, he said.

“We feel very comfortable saying facial recognition software is the only possible explanation, and it’s the only reason why [Sunglass Hut] would go to Macy’s to try to identify him,” Dutko said.

Keep reading

Trudeau’s Orwellian Attack On Canadian Truckers Declared Unconstitutional

Canada’s Federal Court ruled on Tuesday that Prime Minister Justin Trudeau’s use of the Emergencies Act in 2022 to punish protesting truckers was both unreasonable and unconstitutional.

“I have concluded that the decision to issue the Proclamation does not bear the hallmarks of reasonableness — justification, transparency and intelligibility — and was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration,” wrote Justice Richard G. Mosley in his ruling.

The decision follows an application for judicial review requested by the Canadian Constitution Foundation, the Canadian Civil Liberties Association, and various other applicants who cried foul over the use of emergency measures to quell Freedom Convoy protests in Ottawa, which allowed the government to freeze the bank accounts of protesters,  conscript tow truck drivers, and arrest people for participating in assemblies deemed illegal by Trudeau’s government.

Keep reading

Zoning Bans the Good Samaritan

Since March 2023, Chris Avell’s church, Dad’s Place, in Bryan, Ohio, has been keeping its doors open 24/7 for anyone who might stop by to use the church’s kitchen, get food for themselves or their pets from its pantry, or join in church services.

When the homeless shelter next door is full, Dad’s Place will take in some of those people too. Avell considers all these activities a core part of his church’s mission. The city of Bryan, however, considers his sheltering of people an illegal, residential use of a commercially zoned property.

This past New Year’s Eve, when Avell was arriving at the church to preach that Sunday morning, a police officer served him with 18 criminal charges related to violations of the town’s zoning code. Avell pleaded not guilty to those charges earlier this month.

Churches’ charitable activities often don’t fit neatly into zoning codes’ definitions of commercial and residential uses. For that reason, they often get dinged with code violations for doing things like operating a soup kitchen in a residential area or sheltering people in a commercial zone.

The fact that churches are also serving the poor and homeless can make them a target of nuisance complaints from neighbors and extra scrutiny and enforcement from local officials as well.

Bryan’s decision to criminally charge Avell is nevertheless unusually punitive.

Keep reading

Inside The FBI-Tainted Whitmer ‘Kidnap Plot’ You’ve Heard Almost Nothing About

In a fiery exchange last month, CNN anchorwoman Abby Phillip told GOP presidential candidate Vivek Ramaswamy that there was “no evidence” to support his claim that federal agents abetted protesters at the Capitol on Jan. 6, 2021.

Ramaswamy shot back that the FBI conspicuously has never denied that law enforcement agents were on duty in the crowd. He argued that federal officials have repeatedly “lied” to the American people about not only that investigation but one that has gotten much less attention: the alleged failed plot to kidnap and kill Democratic Gov. Gretchen Whitmer of Michigan in 2020.

“It was entrapment,” Ramaswamy said. “FBI agents putting them up to a kidnapping plot that we were told was true but wasn’t.”

His zeroing in on the Michigan case highlighted an uncharacteristic development in contemporary politics, where progressives vigorously defend law enforcement power while conservatives view it with deep suspicion. Further, Ramaswamy’s linking of Jan. 6 and the Whitmer plot resonated with many on the right who want similarities between the two episodes exposed to the general public, especially the FBI’s reliance on informants and other paid operatives.

On Oct. 8, 2020, Whitmer announced the shocking arrests of several men accused of planning to kidnap and possibly assassinate her. The case produced alarming headlines just weeks before Election Day; Democrats, including Whitmer, used news of the plot to blame Trump for inciting violence.

Joe Biden commended the FBI for thwarting the abduction plan and, in a written statement issued the same day, claimed that “there is a through line from President Trump’s dog whistles and tolerance of hate, vengeance, and lawlessness to plots such as this one.” Biden continued that line of attack during campaign speeches in Michigan, a swing state that voted for Trump in 2016, and one Biden needed to capture to win the presidency.

In the years since the election, the national press has given little attention to the case since the initial arrests, even though court documents have recast the episode as something more sinister. Instead of a heroic effort by the FBI to safeguard the country from domestic terrorists, it now appears to have been a broad conspiracy by law enforcement to entrap American citizens who held unpopular political views.

Keep reading

THE TIMELINE: How the FBI Thwarted the Investigation into the Hacked Georgia Election Machines and Targeted the Whistleblowers Instead

On Friday, in a Federal Court In Atlanta, Georgia, University of Michigan Professor of Computer Science and Engineering J. Alex Halderman testified in front of Judge Amy Totenberg’s courtroom in the Culling vs. Raffensperger lawsuit on the insecure Dominion voting machines used in Georgia elections since 2020.

As reported earlier, during his testimony, Halderman was able to HACK A DOMINION VOTING MACHINE and change the tabulations in front of U.S. District Judge Amy Totenberg and the entire courtroom!

Halderman USED ONLY A PEN TO CHANGE VOTE TOTALS!

His testimony was part of a long-running lawsuit by election integrity activists set as a bench trial.

The plaintiffs seek to remove what they say are insecure voting machines in Georgia in favor of secure paper ballots.

This lawsuit was launched after the 2017 Kennesaw State University election hacks in Georgia.

As we continue to follow this explosive lawsuit on election integrity today The Gateway Pundit looked into the FBI’s role in this operation.

We can finally explain what happened over the years.

Keep reading

Confirmed: It Appears Former FBI DC Supervisor D’Antuono Was Lying to House Investigators About the Number of FBI Operatives Embedded in Crowds on January 6

As reported earlier on Tuesday, The House Judiciary Republicans sent a letter Tuesday that includes transcribed testimony from former Assistant Director-in-Charge of the Washington Field Office (WFO) Steven D’Antuono.

D’Antuono testified that the FBI had numerous confidential human sources (CHS) in the Trump crowd on January 6.

In fact, they had so many FBI operatives in the crowd they had no idea how many were actually there that day!

D’Antuono had quite a record of failures and lies during his time at the FBI.

D’Antuono was the head of the FBI’s Detroit field office as the bureau was investigating an alleged kidnapping attempt against Michigan Gov. Gretchen Whitmer.

As Just the News notes, trial testimony alleges the “plot” wasn’t just investigated but instigated by the FBI, with the jury hearing that the bureau’s informants gave drugs to those who were eventually charged in the plot before recording their conversations and sometimes outnumbered “plotters” during meetings.

The entire plot was hatched, planned, paid for, and executed by paid FBI informants.

The FBI informants pushed the violent plans to kidnap Whitmer. It was all a setup. And D’Antuono was in charge of the office where they ran the operation. He was then later promoted to the DC office before the Jan. 6 protests and riot.

In the letter released on Tuesday, D’Antuono told House investigators that he did not know how many FBI agents had infiltrated the crowd on January 6.

The letter suggested that “the FBI cannot adequately track the activities and operations of its informants, and that it lost control of its CHSs present at the Capitol on January 6,” D’Antuono wrote.

Later in the interview, he told investigators that “only a handful” of FBI informants were in the crowd that day.

For over two years now, The Gateway Pundit has been reporting on the FBI informants and feds who infiltrated the Trump crowds on January 6, 2021.

And we can report – for certain – that Assistant Director-in-Charge of the Washington Field Office (WFO) Steven D’Antuono is lying about the number of FBI operatives and informants in the crowd on January 6th.

Keep reading

As Milwaukee police chase cars more, crashes are up and arrest rates are down, study says

Milwaukee police are engaging in almost three times as many vehicle pursuits in recent years, and even though crashes have almost quadrupled and the apprehension rate is down, officials believe the chases are worth it.

According to a recent study, the increase is fueled mostly by a rise in reckless driving, which in 2017 drove Milwaukee’s police oversight board, the Fire and Police Commission, to force an expansion of a policy governing when chases are acceptable.

Vehicle pursuits are among the most dangerous activities law enforcement perform and the challenge of striking the right balance with them has vexed officials across the country. And nationally, there is some debate about how appropriate it is to chase reckless drivers, given the risk that it will only increase danger for everyone nearby.

“This is a risk that (Milwaukee) wants to assume and I think with it comes certain responsibilities and consequences,” said Chuck Wexler, the executive director of the Police Executive Research Forum, who has written extensively on vehicle pursuits.

But in a city that has been frustrated with reckless driving for about a decade, Police Chief Jeffrey Norman argued his officers have balanced the risks appropriately while the feedback from the community has been, “Don’t let up. Keep the pressure on.”

Keep reading

BMJ Report Recommends “Behavioral Interventions” To “Reduce Vaccine Hesitancy Driven by Misinformation on Social Media”

The BMJ is not short for “Behavioral Medical Journal” – but it might as well be.

Now this publication, owned by the British Medical Association, is exploring how to deploy no less than “behavioral interventions” to bring about less “vaccine hesitancy.”

And the article doesn’t stop at medical arguments. The hesitancy here is specifically linked with social media driven “misinformation.”

The recommendations don’t differ greatly from what those Big Tech social subsidiaries have been including for years in their policies – and these “guidelines” were probably cooked in the same kitchen, so to speak.

Things like, boosting the visibility of “reliable health information” and more “pro-action” on these platforms “in dealing with the proliferation of misinformation.”

First, the authors of the piece seek to define the way in which social media affects vaccination campaigns. The take is basically entirely negative – asserting that this effect amounts to misinformation only.

Paying lip service to genuine safety concerns playing a role in low uptake, the BMJ instantly switches back to playing up the danger of hesitancy.

Thus – there’s been a “return of measles” as of late. And, the implication is, the World Health Organization (WHO) used that among other things to issue an extreme “decree” to the world – that vaccine hesitancy is “among the greatest threats to global health,” WHO said.

And while the article positions the concern about vaccination in general – including decades-long used and tested ones – the highly controversial Covid jab eventually makes an appearance.

And it is mentioned as that point where this general “hesitancy” gained momentum, with the social media – rather than the sketchy nature of these particular vaccines – to blame.

Now for the “solutions,” specifically those based on behavioral interventions methods, or let’s say, “reprogramming.”

Keep reading