#probablecause — Public Fediverse posts

[en] Effects of #Technology on #Privacy Interests

"That [US #Fourth] #Amendment prohibits unreasonable searches or seizures of persons, houses, papers, and effects. Yet it is undeniable that #technological advances enable the police to pry into formerly #private areas in ways unimaginable to the drafters of the Bill of Rights."

"... [US] Supreme Court has updated the Fourth Amendment to #limit #unrestrained #police searches that draw on new technologies."

"... the Fourth Amendment requires a reasonable search, and generally requires a #warrant, when the government seeks to #compel the production of information from a service provider about an individual’s #location generated by his #phone." ...

https://www.justsecurity.org/145214/chatrie-fourth-amendment-supreme-court/

#chatrie #fourthamendment #search #seizures #probablecause

[en] Effects of #Technology on #Privacy Interests

"That [US #Fourth] #Amendment prohibits unreasonable searches or seizures of persons, houses, papers, and effects. Yet it is undeniable that #technological advances enable the police to pry into formerly #private areas in ways unimaginable to the drafters of the Bill of Rights."

"... [US] Supreme Court has updated the Fourth Amendment to #limit #unrestrained #police searches that draw on new technologies."

"... the Fourth Amendment requires a reasonable search, and generally requires a #warrant, when the government seeks to #compel the production of information from a service provider about an individual’s #location generated by his #phone." ...

https://www.justsecurity.org/145214/chatrie-fourth-amendment-supreme-court/

#chatrie #fourthamendment #search #seizures #probablecause

Fleming represents the two men — a Venezuelan man & a Mexican man both in the country illegally — in the ongoing litigation that claims the #FederalGovernment continues to violate the 2022 Castañon Nava settlement agreement, which limits #ICE's ability to #arrest people without #warrants or #ProbableCause.

#Trump #law #immigration #SocialCleansing #EconomicDiscrimination #CivilRights #DueProcess #UseOfForce #ExcessiveForce #PoliceBrutality #HumanRights #CBP #Sturmabteilung #USpol

Fleming represents the two men — a Venezuelan man & a Mexican man both in the country illegally — in the ongoing litigation that claims the #FederalGovernment continues to violate the 2022 Castañon Nava settlement agreement, which limits #ICE's ability to #arrest people without #warrants or #ProbableCause.

#Trump #law #immigration #SocialCleansing #EconomicDiscrimination #CivilRights #DueProcess #UseOfForce #ExcessiveForce #PoliceBrutality #HumanRights #CBP #Sturmabteilung #USpol

BREAKING: A new video out of Minneapolis shows the truth #ICE doesn’t want you to see… compliance does not protect you.

In this video, ICE agents pull up to a vehicle and immediately demand the driver’s ID.
The man calmly asks the most basic, #LegallyProtected question: “Why am I being pulled over?”

They never answer… because they don’t have a legal reason to stop him.

Even so, the man begins to retrieve his ID anyway.

An #agent then orders him to turn off the vehicle. The driver says, “No problem, sir, I’ll get out.”

The agent refuses, then immediately changes commands again: “I need to see your ID.”

Suddenly, an agent on the passenger side pounds on the window. Then he strikes it with a hard object, clearly threatening to break it.

At the same time, the driver-side agent again demands the ID.

This is not confusion. This is intentional command overload… a tactic used to manufacture “noncompliance” so force can be justified.

ICE’s own training materials explicitly state:

“Noncompliance or refusal to cooperate with officer commands, without fighting back, does NOT violate 18 U.S.C. § 111.”

In plain English: not immediately obeying commands is NOT a crime.

And here’s the key legal issue:

Unless agents have:
• a valid arrest warrant, or
• probable cause that a specific crime has been committed

they cannot:
• use force
• break windows
• issue violent threats
• detain or arrest someone

#ProbableCause
means specific, articulable facts that would make a reasonable officer believe a crime occurred… not vibes, not attitude, not silence, not filming, not asking questions.

Back in the video, the passenger-side agent escalates further, shouting:
“First time I ask you to roll your window down, you do it.”

The driver responds:
“Are you in danger, sir? Are you escalating this?”

The agent replies:
“I don’t know. Hands up.”

Despite the driver repeatedly attempting to comply and hand over ID, agents continue shouting conflicting commands.

At one point, the agent orders the driver to “talk to the original agent”… which is exactly what the driver was doing before the window-smashing threat.

Then the man asks, “Are you feeling unsafe or uneasy?”

The agent responds, “I don’t know, man.” while standing on the passenger side of the car, smirking.

The driver finally says what anyone would say surrounded by armed men:
“How many guns do I have around me? I need you to calm down. I’m asking him to stop banging on my car. Is that too much?”

He even offers… again… to step out of the vehicle.

This is not law enforcement. This is intimidation fishing for an excuse.

No probable cause.
No warrant.
No lawful basis for force.

And yet, the escalation came entirely from the agents.

This video proves something chilling: you can comply, stay calm, ask lawful questions… and still be threatened with violence.

So, the question isn’t “Why didn’t he just comply?”

The question is how many people have already been assaulted under this exact playbook… and how many more will be, before this stops?
#uspol #Ripped

BREAKING: A new video out of Minneapolis shows the truth #ICE doesn’t want you to see… compliance does not protect you.

In this video, ICE agents pull up to a vehicle and immediately demand the driver’s ID.
The man calmly asks the most basic, #LegallyProtected question: “Why am I being pulled over?”

They never answer… because they don’t have a legal reason to stop him.

Even so, the man begins to retrieve his ID anyway.

An #agent then orders him to turn off the vehicle. The driver says, “No problem, sir, I’ll get out.”

The agent refuses, then immediately changes commands again: “I need to see your ID.”

Suddenly, an agent on the passenger side pounds on the window. Then he strikes it with a hard object, clearly threatening to break it.

At the same time, the driver-side agent again demands the ID.

This is not confusion. This is intentional command overload… a tactic used to manufacture “noncompliance” so force can be justified.

ICE’s own training materials explicitly state:

“Noncompliance or refusal to cooperate with officer commands, without fighting back, does NOT violate 18 U.S.C. § 111.”

In plain English: not immediately obeying commands is NOT a crime.

And here’s the key legal issue:

Unless agents have:
• a valid arrest warrant, or
• probable cause that a specific crime has been committed

they cannot:
• use force
• break windows
• issue violent threats
• detain or arrest someone

#ProbableCause
means specific, articulable facts that would make a reasonable officer believe a crime occurred… not vibes, not attitude, not silence, not filming, not asking questions.

Back in the video, the passenger-side agent escalates further, shouting:
“First time I ask you to roll your window down, you do it.”

The driver responds:
“Are you in danger, sir? Are you escalating this?”

The agent replies:
“I don’t know. Hands up.”

Despite the driver repeatedly attempting to comply and hand over ID, agents continue shouting conflicting commands.

At one point, the agent orders the driver to “talk to the original agent”… which is exactly what the driver was doing before the window-smashing threat.

Then the man asks, “Are you feeling unsafe or uneasy?”

The agent responds, “I don’t know, man.” while standing on the passenger side of the car, smirking.

The driver finally says what anyone would say surrounded by armed men:
“How many guns do I have around me? I need you to calm down. I’m asking him to stop banging on my car. Is that too much?”

He even offers… again… to step out of the vehicle.

This is not law enforcement. This is intimidation fishing for an excuse.

No probable cause.
No warrant.
No lawful basis for force.

And yet, the escalation came entirely from the agents.

This video proves something chilling: you can comply, stay calm, ask lawful questions… and still be threatened with violence.

So, the question isn’t “Why didn’t he just comply?”

The question is how many people have already been assaulted under this exact playbook… and how many more will be, before this stops?
#uspol #Ripped

#ACLU class action lawsuit in #Minnesota seeks to bar #ICE from stopping #Latin & #Somali residents without #ProbableCause.

https://storage.courtlistener.com/recap/gov.uscourts.mnd.230424/gov.uscourts.mnd.230424.2.0.pdf

#Trump #law #Constitution #FourthAmendment #UseOfForce #PoliceBrutality #CivilRights #AbuseOfPower #despotism #fascism #Tyranny #MafiaState #TheCrueltyIsThePoint #CBP #ICEstapo #Gestapo #Sturmabteilung #WhiteSupremacy #RESIST

#ACLU class action lawsuit in #Minnesota seeks to bar #ICE from stopping #Latin & #Somali residents without #ProbableCause.

https://storage.courtlistener.com/recap/gov.uscourts.mnd.230424/gov.uscourts.mnd.230424.2.0.pdf

#Trump #law #Constitution #FourthAmendment #UseOfForce #PoliceBrutality #CivilRights #AbuseOfPower #despotism #fascism #Tyranny #MafiaState #TheCrueltyIsThePoint #CBP #ICEstapo #Gestapo #Sturmabteilung #WhiteSupremacy #RESIST

Armed Americans vs. ICE is a Recipe for Disaster. People WILL Start SHOOTING BACK #JonathanRoss #ReneeGood #DerekChauvin #DonaldTrump #JDVance #PamBondi #CashPatel #BrettKavanaugh #ICE #immigration #deportation #SecondAmendment #FourthAmendment #14thAmendment #castledoctrine #Heller #Bruen #SupremeCourt #Minneapolis #MAGA #FoxNews #policeshootings #constitutionalrights #lawenforcement #probablecause #YouTube https://www.youtube.com/watch?v=4PwpvZI0SRM

Armed Americans vs. ICE is a Recipe for Disaster. People WILL Start SHOOTING BACK #JonathanRoss #ReneeGood #DerekChauvin #DonaldTrump #JDVance #PamBondi #CashPatel #BrettKavanaugh #ICE #immigration #deportation #SecondAmendment #FourthAmendment #14thAmendment #castledoctrine #Heller #Bruen #SupremeCourt #Minneapolis #MAGA #FoxNews #policeshootings #constitutionalrights #lawenforcement #probablecause #YouTube https://www.youtube.com/watch?v=4PwpvZI0SRM

Man sold counterfeit Cardinals, Yankees merch outside Busch Stadium https://www.rawchili.com/mlb/398087/ #AdrielTigner #Baseball #Cardinals #FelonyCharge #MLB #ProbableCause #St.Louis #St.LouisCardinals #St.LouisCircuitAttorney’sOffice #StLouis #StLouisCardinals #Yankees

…Documents reviewed by NYT show that the July 15 firing of Ms. Beckwith occurred less than 6 hours after she told #Bovino, the #BorderPatrol chief in charge of the Southern California raids, that a #CourtOrder prevented him from arresting people without #ProbableCause in a vast expanse that stretches from the Oregon border to Bakersfield. She was removed not only from her post as acting #USattorney in the Eastern District of California, but from the office altogether.

#law #immigration #Trump

…Documents reviewed by NYT show that the July 15 firing of Ms. Beckwith occurred less than 6 hours after she told #Bovino, the #BorderPatrol chief in charge of the Southern California raids, that a #CourtOrder prevented him from arresting people without #ProbableCause in a vast expanse that stretches from the Oregon border to Bakersfield. She was removed not only from her post as acting #USattorney in the Eastern District of California, but from the office altogether.

#law #immigration #Trump

The #Trump admin’s agenda suffered another setback late Friday when an appeals court upheld a decision that temporarily halts federal agents from making #immigration-related arrests in the #LosAngeles area without #ProbableCause.

A 3-judge panel of the US Court of Appeals for the Ninth Circuit affirmed a lower court’s finding that the raids appeared to exclusively rely on a person’s #race & other factors, like speaking #Spanish.

#law #Constitution #CivilRights #RacialProfiling #ICE #Gestapo

The #Trump admin’s agenda suffered another setback late Friday when an appeals court upheld a decision that temporarily halts federal agents from making #immigration-related arrests in the #LosAngeles area without #ProbableCause.

A 3-judge panel of the US Court of Appeals for the Ninth Circuit affirmed a lower court’s finding that the raids appeared to exclusively rely on a person’s #race & other factors, like speaking #Spanish.

#law #Constitution #CivilRights #RacialProfiling #ICE #Gestapo

A U.S. judge has found probable cause that President Donald Trump’s administration defied an order to stop deportation flights to El Salvador. Read more from @USAToday
https://flip.it/v_KIRE
#Trump #ElSalvador #Judge #Contempt #ProbableCause

A U.S. judge has found probable cause that President Donald Trump’s administration defied an order to stop deportation flights to El Salvador. Read more from @USAToday
https://flip.it/v_KIRE
#Trump #ElSalvador #Judge #Contempt #ProbableCause

Ohio Judge: Clearview Matches Aren’t Probable Cause So Kiss Your Murder Case Goodbye

https://fed.brid.gy/r/https://www.techdirt.com/2025/02/11/ohio-judge-clearview-matches-arent-probable-cause-so-kiss-your-murder-case-goodbye/

@eff to #Michigan #SupremeCourt: #Cell Phone #SearchWarrants Must Strictly Follow The Fourth Amendment’s Particularity and #ProbableCause Requirements
#FourthAmendment #privacy #rights #constitution #warrant

https://www.eff.org/deeplinks/2025/01/eff-michigan-supreme-court-cell-phone-search-warrants-must-strictly-follow-fourth

@eff to #Michigan #SupremeCourt: #Cell Phone #SearchWarrants Must Strictly Follow The Fourth Amendment’s Particularity and #ProbableCause Requirements
#FourthAmendment #privacy #rights #constitution #warrant

https://www.eff.org/deeplinks/2025/01/eff-michigan-supreme-court-cell-phone-search-warrants-must-strictly-follow-fourth

#Police officers using #AI slash #MachineLearning to write reports raise some #dystopian questions about #probablecause veracity/verifiability, and public trust in the #legalsystem

https://apnews.com/article/ai-writes-police-reports-axon-body-cameras-chatgpt-a24d1502b53faae4be0dac069243f418

#Police officers using #AI slash #MachineLearning to write reports raise some #dystopian questions about #probablecause veracity/verifiability, and public trust in the #legalsystem

https://apnews.com/article/ai-writes-police-reports-axon-body-cameras-chatgpt-a24d1502b53faae4be0dac069243f418

2nd, & much more dramatically, the #FifthCircuit rules that bc the database of #geofence records is so large, & bc the whole database must be scanned through to find matches, the #FourthAmendment does not allow courts to issue #warrants to collect those records. In #legal terms, it is impossible to have a warrant particular enough to authorize the #surveillance. IOW, the govt can't gather these kinds of online records at all, even w/a #warrant based on #ProbableCause.

#law #InfoSec #privacy

2nd, & much more dramatically, the #FifthCircuit rules that bc the database of #geofence records is so large, & bc the whole database must be scanned through to find matches, the #FourthAmendment does not allow courts to issue #warrants to collect those records. In #legal terms, it is impossible to have a warrant particular enough to authorize the #surveillance. IOW, the govt can't gather these kinds of online records at all, even w/a #warrant based on #ProbableCause.

#law #InfoSec #privacy

‘#Infuriated’ #boyfriend #waterboarded, #raped #girlfriend for days in #dormroom, #Minnesota #cops say

The 3-day series of #attacks in the #StCatherineUniversity #dorm left the #girlfriend #fearing for her #life and unable to #call for #help, according to a statement of #ProbableCause.

#Women #Transgender #LGBTQ #LGBTQIA #Minnesota #HigherEducation #Religion #Hate #Bigotry #Misogyny #DomesticViolence #SexualAssault

https://www.miamiherald.com/news/nation-world/national/article290072344.html#storylink=cpy

‘#Infuriated’ #boyfriend #waterboarded, #raped #girlfriend for days in #dormroom, #Minnesota #cops say

The 3-day series of #attacks in the #StCatherineUniversity #dorm left the #girlfriend #fearing for her #life and unable to #call for #help, according to a statement of #ProbableCause.

#Women #Transgender #LGBTQ #LGBTQIA #Minnesota #HigherEducation #Religion #Hate #Bigotry #Misogyny #DomesticViolence #SexualAssault

https://www.miamiherald.com/news/nation-world/national/article290072344.html#storylink=cpy

#UpperMerion #police #misgenders #trans #woman.

#Trans #woman #KaylaAnderson, 28, was #arrested by Upper Merion #policedepartment in November 2023 at the #ValleyForgeCasino on #drug-related #charges. The #criminalcomplaint and #affidavit of #probablecause citing the #basis for #criminalcharges repeatedly #misgenders Anderson.

#Women #Transgender #LGBTQ #LGBTQIA #Pennsylvania #Police #Hate #Bigotry #Discrimination #Transphobia #NoPoliceAtPride

https://epgn.com/2024/04/24/upper-merion-police-misgender-trans-woman/

#UpperMerion #police #misgenders #trans #woman.

#Trans #woman #KaylaAnderson, 28, was #arrested by Upper Merion #policedepartment in November 2023 at the #ValleyForgeCasino on #drug-related #charges. The #criminalcomplaint and #affidavit of #probablecause citing the #basis for #criminalcharges repeatedly #misgenders Anderson.

#Women #Transgender #LGBTQ #LGBTQIA #Pennsylvania #Police #Hate #Bigotry #Discrimination #Transphobia #NoPoliceAtPride

https://epgn.com/2024/04/24/upper-merion-police-misgender-trans-woman/

#LAWYER EXPLAINS: Do You Have to Answer?
(w/ Hampton #Law)

Two #officers come knock on your front door while you're watching TV. Can you ignore them? When do you have to answer the door? And when you do answer, should you step outside?
#cops #police #4thamendment #5thamendment #ACAB #probablecause #privateproperty #warrants

Chief Dpy DA Marc DiGiacomo said #DuaneDavis was the “on-ground, on-site commander” who “ordered the death” of #Tupac….
The #arrest comes 2 months after #LasVegas police searched a NV home linked to Davis’s wife. The #warrant said officers had #ProbableCause to believe the property might have docs showing Davis’s involvement w/a Compton #gang & “handwritten or typed documents concerning TVshows, documentaries, YouTube episodes, book manuscripts, & movies concerning the #murder of #TupacShakur.”

Chief Dpy DA Marc DiGiacomo said #DuaneDavis was the “on-ground, on-site commander” who “ordered the death” of #Tupac….
The #arrest comes 2 months after #LasVegas police searched a NV home linked to Davis’s wife. The #warrant said officers had #ProbableCause to believe the property might have docs showing Davis’s involvement w/a Compton #gang & “handwritten or typed documents concerning TVshows, documentaries, YouTube episodes, book manuscripts, & movies concerning the #murder of #TupacShakur.”

“Based on ex parte #affidavits, the district #court found #ProbableCause to search the #Twitter account for #evidence of #criminal offenses. Moreover, the district court found that there were ‘reasonable grounds to believe’ that disclosing the warrant to… #Trump ‘would seriously jeopardize the ongoing investigation’ by giving him ‘an opportunity to #DestroyEvidence, change patterns of behavior, [or] notify confederates,’” the #AppealsCourt noted.

#X #Musk #Contempt #Law #DOJ #Obstruction

“Based on ex parte #affidavits, the district #court found #ProbableCause to search the #Twitter account for #evidence of #criminal offenses. Moreover, the district court found that there were ‘reasonable grounds to believe’ that disclosing the warrant to… #Trump ‘would seriously jeopardize the ongoing investigation’ by giving him ‘an opportunity to #DestroyEvidence, change patterns of behavior, [or] notify confederates,’” the #AppealsCourt noted.

#X #Musk #Contempt #Law #DOJ #Obstruction

SBF could 'conceivably' get bail revoked, says judge - A federal judge said there was "probable cause" to believe that S... - https://cointelegraph.com/news/sbf-could-conceivably-get-bail-revoked-says-judge #witnesstampering #richardpainter #federalfelony #probablecause #nicholasroos #restrictions #lewiskaplan #internet #revoked #devices #hearing #bail #sbf

SBF could 'conceivably' get bail revoked, says judge - A federal judge said there was "probable cause" to believe that S... - https://cointelegraph.com/news/sbf-could-conceivably-get-bail-revoked-says-judge #witnesstampering #richardpainter #federalfelony #probablecause #nicholasroos #restrictions #lewiskaplan #internet #revoked #devices #hearing #bail #sbf

SBF could 'conceivably' get bail revoked, says judge

https://cointelegraph.com/news/sbf-could-conceivably-get-bail-revoked-says-judge

#Witnesstampering #RichardPainter #federalfelony #probablecause #NicholasRoos #restrictions #LewisKaplan #internet #revoked #devices #hearing #bail #SBF

Appeals Court Reminds Cop That Calling Normal Human Behavior Suspicious Is No Way To Secure A Conviction

https://www.techdirt.com/2022/12/08/appeals-court-reminds-cop-that-calling-normal-human-behavior-suspicious-is-no-way-to-secure-a-conviction/

#probablecause #4thamendment #policestops #4thcircuit #suspicion #search #1

The election deniers and insurrectionists are yelling for civil war. #GQP
#NationOfLaws #ProbableCause

Yes, dear Trumpsters, when you elect and sanctify a tin pot dictator who has been a con artist and criminal his whole life, you gotta expect search warrants as a result of criminal behavior. #ProbableCause #NationOfLaws