Deeplinks Blog posts about Know Your Rights
“I’m asking all the citizens of North Charleston to continue taping.”
That is what Councilwoman Dorothy Williams said in response to the shooting death of Walter Scott. She and others recognize that the story would have been very different without the video showing that a white police officer shot the unarmed black man several times in the back as he ran away from a traffic stop in North Charleston, South Carolina. Both NBC News and Huffington Post imagined the story absent the video.
Update: On December 15, Judge Edward Shea issued his written opinion in United States v. Vargas, which you can read here.
The public got an early holiday gift today when a federal court agreed with us that six weeks of continually video recording the frontyard of someone's home without a search warrant violates the Fourth Amendment.
New Mexico law is so devoid of any established authority for this practice, a reasonable prosecutor, upon the exercise of diligent research could determine that the practice was very probably unlawful.
- Judge John Paternoster, Eighth Judicial District of New Mexico
The National Security Agency isn’t the only agency that’s willing to flout the laws of the land in order to obtain your telephone records. As we’re learning from a case out of New Mexico, local prosecutors may be to willing to ignore rights enshrined in the Constitution for an unfair advantage in criminal cases.
It’s that time of year when people don sinister masks, spray themselves with fake blood, and generally go all out for a good fright. But here at EFF, we think there are plenty of real-world ghouls to last all year-round. Fortunately, we won’t let them hide under your bed. Sometimes our work sounds like science fiction, but the surveillance techniques and technology we fight are all too real. Here are some of the beasts hiding in your backyard that we’ve been fighting to expose:
The Fourth Amendment protects us from “unreasonable” government searches of our persons, houses, papers and effects. How courts should determine what is and isn’t reasonable in our increasingly digital world is the subject of a new amicus brief we filed today in San Francisco federal court.
At issue is historical cell site data—the records of the cell towers a customer’s cell phone connects to. The government has long maintained that it’s unreasonable for customers to expect those records to remain private. As a result, the government argues it does not need a search warrant to obtain historical cell site records from cell phone providers.
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