SCOTUS: go get a warrant for cell phone location data

I served for 41 years in law enforcement, retiring in 2016.

As an officer I labored for the federal side and the local side. Whilst in Detectives I happened to work in Theft, Warrants, Child Abuse, Sex Assaults, Robbery and finally Homicide. I had to get arrest warrants. I had to get search warrants. I had to write and submit affidavits and warrant requests with my hero pages. If I had to do it, the rest of law enforcement should have to do it. I had to respect the 4th Amendment. All of law enforcement should have to respect the 4th Amendment.

From the WashingtonTimes.com:

Supreme Court rules warrant required for cellphone location data

by Alex Swoyer

The Supreme Court on Friday said the government must obtain a search warrant before demanding an individual’s cellphone location records from a telecommunications company.

In the 5-4 decision, the court said it’s a violation of the 4th Amendment for police to search a suspect’s cell-site location information (CSLI), which is stored by a telecommunications company, without a warrant.

The case arose when a defendant was convicted of a series of robberies based on his cellphone location data. He moved to suppress the evidence, saying the records were obtained without a warrant and thus violated his 4th Amendment protection.

The lower courts sided with the government, but the high court decided the 4th Amendment’s guarantee to privacy extends to new age technology.

“A person does not surrender all Fourth Amendment protection by venturing into the public sphere,” Chief Justice John G. Roberts wrote in the court’s opinion.

Yes, I was in law enforcement. But I had to obey the law. On the federal side I could acquire pen registers and Title IIIs. With warrant requests and applications. And they came with serious limitations “back in the day” when you had reel-to-reel recorders. You couldn’t just activate the recorder and perch all day. You could only listen for a brief time and then switch off if you heard nothing. Timing was everything.

Technology is confounding, certainly. But law enforcement can get lazy and can’t afford to. My advice to cops: don’t get lazy. On homicide scenes, depending on the case, I may have had possession of a house or a certain scene but in order to buttress my case I also went to a judge and acquired a search warrant to make my investigation more bulletproof.

The government had argued the information was kept by a third party, the telecommunications company, so it did not violate the suspect’s 4th Amendment rights.

This isn’t rocket science. Everyone knows that most people leave the GPS activated on their cell phones and by doing so the cell provider knows, generally, where the phone — and hence you — are located. Truly, you don’t even have to activate GPS. The cell towers just know.

But the court said a company’s constant tracking of an individual carries concerns.

“In light of the deeply revealing nature of CSLI, its depth, breadth, and comprehensive reach, and the inescapable and automatic nature of its collection, the fact that such information is gathered by a third party does not make it any less deserving of Fourth Amendment protection,” Justice Roberts wrote.

He was joined by the courts’ four Democratic appointed justices, but the court’s four Republican appointed justices disagreed with the holding.

This next bit of information aligns with my way of thinking and the analogy is proper and correct.

The ruling follows a case six years ago where the court said a GPS tracking device on a suspect’s vehicle without a warrant is unconstitutional.

Allow me to go a bit further. Your cell phone is much more than a simple communications device that allows you to talk to people. It is a texting machine, a camera, an audio recorder, a video recorder and, frankly, a computer. People have their lives in their cell phones these days. Breaking into someone’s cell phone is not unlike breaking into their personal computer at home.

Also, quite a number of law enforcement agencies have Stingrays these days. This is a device called an IMSI catcher. It can be used to track and locate cell devices and users, block signals, intercept communications content, force cell phones to disconnect from their standard carriers and connect to it — and a host of other functions. See the graphic.

If you’re in or near an urban center and not under the flight pattern of a military base or commercial airport, you know that air traffic is a fraction of what it used to be when I was growing up. To even see a military aircraft these days is an uncommon occurrence. But have you ever heard a small plane buzzing about at night in what seems to be some kind of a pattern for a lengthy period of time?

Chances are pretty good that its occupants work for a federal, state or local law enforcement agency and that they are employing a Stingray or a variant.

This, then, is of note from Engadget.com:

Court rules Stingray use without a warrant violates Fourth Amendment

by Mallory Locklear

The ruling could have widespread implications for the technology.

Today, the Washington DC Court of Appeals overturned a Superior Court conviction of a man who was located by police using a cell-site simulator, or Stingray, CBS News reports. The court ruled that the defendant’s Fourth Amendment rights were violated when law enforcement tracked down the suspect using his own cell phone without a warrant.

Stingrays work by pretending to be a cell tower and once they’re brought close enough to a particular phone, that phone pings a signal off of them. The Stingray then grabs onto that signal and allows whoever’s using it to locate the phone in question. These sorts of devices are used by a number of different agencies including the FBIICE, the IRS as well as policeofficers.

The use of cell-site simulators, especially without a warrant, has come under question a few times in recent years. In 2016, a federal judge suppressed DEA evidence obtained via such a device, the first time a federal judge had done so. Last year, members of Congress called for legislation that would protect citizens’ privacy and require a warrant before Stingrays could be used by law enforcement. Two such bills were introduced in the House of Representatives earlier this year.

Obviously, this is my Libertarian side coming out. I am a great advocate of privacy — and why I say:

When I was a law enforcement officer, I had to acquire search warrants. There is no reason current law enforcement shouldn’t do the same thing. It will help your case to acquire even more strength. If you lack PC for said warrant, you’d best start rethinking your case.

BZ

 

The American media cannot NOT lie

Most recent Time magazine cover which purposely misleads the viewer about the truth involving “refugee” and “asylum” illegals, placing the blame, as you can see, “at the feet of President Donald Trump.” An abject lie.

They lack the capability any more. They prove it time and again. Monthly. Weekly, Daily. Some lies are bigger than others. Some are lies of omission. Some are purposely deceptive such as the photograph above.

At a time when they must be more ethical, more accurate, more unbiased and jam-gepacked with probity — the American Media Maggots continue to move in the opposite direction. Precisely in lockstep with the Demorats and Leftists.

Listen, watch and learn.

From FoxNews.com:

Crying migrant girl on TIME magazine cover was not separated from mother, family says

by Adam Shaw

A little girl shown in a viral photo crying as a U.S. Border Patrol agent detained her mother – and used by TIME magazine to symbolize the Trump administration’s family separation policy – reportedly was never separated from her mom.

“Welcome to America,” declared a somber TIME cover, which showed the picture of the Honduran child Yanela Sanchez next to a towering President Trump.

TIME, which is standing by the cover despite the new information, originally called it “an image America could not ignore” and interviewed the photographer, as did other outlets. TIME followed up with another article entirely about the cover and “the story behind” it.

Please see my first two paragraphs above. Confirmed by Time. They cannot not lie. They completely lack the capability. They don’t possess that gene. Then Time doubled down on their naked half truths with more bias. Odd. Just as the Demorats and Leftists are doing.

Multiple outlets interviewed the father of the girl behind the iconic image, and he said he had learned that his two-year-old daughter was detained with her mother at a facility in Texas, and the two were not separated at all. The Honduran government confirmed his version of events to Reuters.

The Washington Post reported that the mother, Sandra Sanchez, had previously been deported in 2013 to Honduras. Her husband told the Post that she left without telling him she was taking Yanela with her and couldn’t contact her. But then he saw the picture on the news.

“You can imagine how I felt when I saw that photo of my daughter. It broke my heart. It’s difficult as a father to see that, but I know now that they are not in danger. They are safer now than when they were making that journey to the border,” Denis Javier Varela Hernandez told The Daily Mail.

The bottom line is: the publishing of Time magazine’s cover was a deliberate attempt to mainstream the idea that only President Trump is responsible for separating children from parents at our border, and only President Trump threw foil blankets at children and kept them behind chain link fences. Both are lies.

Articles the LDAMM don’t wish you to read or know about, to include:

There are many more stories of this nature.

The continuing hypocrisy — not just with this issue but, literally, any other issue involving President Trump — is that, pick one, they’ve been ignored under the previous 8 year Obama Administration.

And that they’ve only somehow magically become significant issues now.

Important Safety Tip to the American Media Maggots: learn the First Rule of Holes.

You will cease being called Fake News when you stop printing and promoting news that is false. A lie. You know: fake. Half-truths won’t cut it. Doubling down on what you wrongly did, printed or showed won’t cut it.

You’re just like the FBI now these days. Stop your whining. No one trusts you. You brought the situation upon yourselves. It’s up to you to fix things. No one else.

Suck it up, buttercup.

Get to work.

BZ

 

Who urged the IRS under Lerner to pummel Conservative groups? John McCain’s office.

Yes, certainly, I knew John McCain was pretty much an unmitigated asshole who customarily made any issue about him and should have simply been honest and changed his (R) to a (D) and been done with it. It’s no secret that McCain threatened to step across the aisle to the Demorat side.

Hell, John McCain has essentially been a functional Demorat for years.

So this should truly come as not much of a surprise, from the WashingtonTimes.com:

McCain’s office urged IRS to use audits as weapons to destroy political advocacy groups

by Larry O’Connor

A new report from Judicial Watch reveals a concerted effort from Sen. John McCain’s office to urge the IRS under Lois Lerner to strike out against political advocacy groups, including tea party organizations. 

Thanks to the results of an extensive Freedom of Information Act (FOIA) request that has been delayed for many years, Judicial Watch has obtained several key emails from 2013 that chronicle McCain’s and Democrat Sen. Carl Levin’s efforts to reign in the advocacy groups that sprouted immediately following the Citizens United decision from the Supreme Court. 

Wondrous. John McCain keeping his end of the bargain to ensure his application to the Demorat Party isn’t round filed.

The documents uncovered by Judicial Watch include notes from a high-level meeting on April 30, 2013 between powerful members of McCain’s and Levin’s staffs and Lerner, then-director of tax exempt organizations at the IRS under Barack Obama. The notes reveal the suggestions from McCain’s former staff director and chief counsel on the Senate Homeland Security Permanent Subcommittee, Henry Kerner who urges Lerner to use IRS audits on the advocacy groups to financially ruin them.

From JudicialWatch.com:

Lerner and other IRS officials met with select top staffers from the Senate Governmental Affairs Committee in a “marathon” meeting to discuss concerns raised by both Sen. Carl Levin (D-MI) and Sen. John McCain (R-AZ) that the IRS was not reining in political advocacy groups in response to the Supreme Court’s Citizens United decision.  Senator McCain had been the chief sponsor of the McCain-Feingold Act and called the Citizens United decision, which overturned portions of the Act, one of the “worst decisions I have ever seen.”

Except, well, it was the law.

In the full notes of an April 30 meeting, McCain’s high-ranking staffer Kerner recommends harassing non-profit groups until they are unable to continue operating. Kerner tells Lerner, Steve Miller, then chief of staff to IRS commissioner, Nikole Flax, and other IRS officials, “Maybe the solution is to audit so many that it is financially ruinous.” In response, Lerner responded that “it is her job to oversee it all:”

Are you finally, after all these years, beginning to understand that no matter how many lesions John McCain has on his face and whatever sympathy he’s managed to draw for his current tumor status, he was operating in not only his own interests but actively against Conservatives and the Republican Party for years and years?

Yes, I’m sure you’ve all heard the various reasons to let John McCain be: “He served his country. He was taken prisoner. He flew jets. He was in the US Navy.” All true and all verifiable. Yet I judge him in the same fashion that everyone judges BZ: “what have you done for me lately?”

Lately — hell, in at least the past decade (I’ll play nice for a while) — John McCain has been working overtly and covertly against Conservatism and against the Republicans. If John McCain isn’t the center of attention and it isn’t about him, he’s not going for it.

When anyone even mentions the word RINO, my brainulus immediately conjures an image of John McCain.

Figure 1: FLOTUS Michelle Obama walking John McCain during the Obama Administration, outside the White House.

Back to Judicial Watch and the politically-motivated bias under the Obama Despotism Administration.

Judicial Watch previously reported on the 2013 meeting.  Senator McCain then issued a statement decrying “false reports claiming that his office was somehow involved in IRS targeting of conservative groups.”   The IRS previously blacked out the notes of the meeting but Judicial Watch found the notes among subsequent documents released by the agency.

Judicial Watch separately uncovered that Lerner was under significant pressure from both Democrats in Congress and the Obama DOJ and FBI to prosecute and jail the groups the IRS was already improperly targeting. In discussing pressure from Senator Sheldon Whitehouse (Democrat-Rhode Island) to prosecute these “political groups,” Lerner admitted, “it is ALL about 501(c)(4) orgs and political activity.”

Lois Lerner admitted screwing over the TEA Party and various Conservative groups.

So here’s the bottom line for this story:

“The Obama IRS scandal is bipartisan – McCain and Democrats who wanted to regulate political speech lost at the Supreme Court, so they sought to use the IRS to harass innocent Americans,” said Judicial Watch President Tom Fitton. “The Obama IRS scandal is not over – as Judicial Watch continues to uncover smoking gun documents that raise questions about how the Obama administration weaponized the IRS, the FEC, FBI, and DOJ to target the First Amendment rights of Americans.”

So BZ, just cut John McCain some slack.

Yeah. Like all the slack people will cut me when I’m about to kak.

Screw John McCain. Get out. Move on.

You’ve done enough damage.

BZ

 

BZ’s Privacy Policy Updated

1. I don’t have one.

Because:

2. I don’t capture any of your data. I couldn’t care less about your data. I don’t want to sell you anything, nor do I accept advertising here for such things as toe fungus, earthworms, weird tricks, wonder cures, leeches, tapeworms, smart dogs, magic girdles, service salamanders, the fruit fly diet, how to lose 200 pounds in six days, hemorrhoids, mesothelioma lawsuits and so on.

You know, the usual crappy ads that cheap-ass blogs and websites trot out hourly. Not here. Not with BZ. I’m tired of that junk as well.

I don’t kick out multiple pop-ups asking if I can send you NOTIFICATIONS. Aren’t you tired of every site demanding to “notify” you now?

You want to subscribe to me? You’ll do that on your own. You don’t need my help.

I also don’t demand that you accept my “cookies” because I want to vacuum up every bit of data you bring with every visit. I too am tired of that.

I respect your privacy because I want my privacy.

BZ

 

SCOTUS gives President Trump power over key jobs in federal agencies

Mostly UNcovered by the LDAMM (Leftists, Demorats and American Media Maggots). Translated: more power ceded to the president to fire.

From Reuters.com:

SEC judge appointments unconstitutional, U.S. high court says

by Andrew Chung

WASHINGTON (Reuters) – The U.S. Supreme Court gave presidents more control over key jobs in federal agencies on Thursday, ruling that the way the Securities and Exchange Commission selected in-house judges who enforce investor protection laws violated the U.S. Constitution.

The justices agreed with President Donald Trump’s administration that the SEC, in having low-level staff install administrative law judges, infringed upon powers given to the president in the U.S. Constitution’s “appointments clause” regarding the filling of certain federal posts.

Oh, but wait. It gets better.

The (7 – 2) ruling could reverberate through the federal government, which has nearly 2,000 administrative law judges who decide matters as varied as unfair trade practices, veterans benefits and patent infringement.

Gulp. You mean what is done can be undone by the president? All those sitting Admin Law judges who were perhaps ordained simply by arcane incantations and incense in swinging thuribles?

And perhaps best yet?

The ruling, authored by liberal Justice Elena Kagan, could also make it (BZ’s emphasis) easier for these in-house judges to be fired by a president’s political appointees in agencies rather than being protected from such action, as is currently the case.

An interesting point by Justice Kagan:

Kagan said administrative judges wield powers extensive enough to qualify under the Constitution as “inferior officers” subject to appointment by the president, a federal department head or a court.

Who then focuses on abuse of power next:

Just “as armies can often enforce their will through conventional weapons, so too can administrative judges,” Kagan said.

Another in a continuing series of reasons the Deep State and DC Swamp want President Donald John Trump, the guy with the dead orange cat on his head, to completely disappear. He is upsetting the status quo, bringing light where no light is desired and causing the cockroaches to scatter. Trump is even using pointy cowboy boots to kill said cockroaches when they skitter to once-safe corners.

Yes, I still don’t care for a percentile of what Trump does or says. Still and all, the more he is attacked for doing his job and upholding his campaign promises — and the more the LDAMM insult, minimize, delegitimize or actually attack me and other Conservatives (becoming more physical these days) — the more I stand with President Trump.

He’s crass, he’s rude, he’s an egomaniac (name one president who wasn’t), he’s a bull in a china shop where delicate sensitivities have clearly been offended. “Presidents don’t act that way.” Get over it, you wienies.

What presidents really do is put the United States first.

Just like every other nation does with themselves.

I can smell the LDAMM bed-wetting from here.

BZ