Search Results: warrantless (25)

James Berglie/End The Lie
Sen. Patrick Leahy: “One option would be to amend the Federal Controlled Substances Act to allow possession of up to one ounce of marijuana”

Senate Judiciary Chairman Patrick Leahy: “Legislative Options Exist” to Resolve Potential Federal/State Conflict Over Marijuana Legalization in Colorado and Washington 
Seeks Assurances From Obama Administration That State Officials Will Not Be Prosecuted For Implementing New Laws
In a letter to U.S. Drug Czar Gil Kerlikowske, Senate Judiciary Chairman Patrick Leahy (D-VT) asked how the federal government intends to deal with states like Colorado and Washington that recently voted to regulate and tax marijuana like alcohol. In the letter, Senator Leahy also suggested that federal legislation could be introduced to legalize up to an ounce of marijuana, at least in states that have legalized marijuana.
The letter, sent last week but reported on Thursday in the Huffington Post, notes that “[o]ne option would be to amend the Federal Controlled Substances Act to allow possession of up to one ounce of marijuana, at least in jurisdictions where it is legal under state law.”

Politically Incorrect Conservative

In a cynical move, a Senate proposal which had been touted as protecting the email privacy of Americans has been rewritten — and it now gives government spooks even more power to spy on citizens than then already have under the execrable PATRIOT Act.

Patrick Leahy, the Democratic chairman of the Senate Judiciary Committee who himself wrote significant portions of the PATRIOT Act, has “dramatically reshaped” his legislation in response to “law enforcement concerns,” reports Declan McCullagh at CNET. (If the “law enforcement concerns” were that they were allowed to spy, unrestrained, on citizens not suspected of any crimes, then, good job, Senator Leahy — asshole.)

Axis of Logic

By Robert Raich
The expansion of the police state under the Obama Administration is alarming and belies a wholesale erosion of individual liberties. As a presidential candidate, Barack Obama made numerous promises that would have led to reducing the pernicious power of the police state in America; however the actions of his administration are in opposition to those promises. 
One such promise was candidate Obama’s pledge to close the prison at Guantanamo Bay and dismantle the military commissions within his first year in office. Candidate Obama promised, “As president, I will close Guantanamo, reject the Military Commissions Act, and adhere to the Geneva Conventions.”
Yet now, during Obama’s fourth year in office, the prison in Guantanamo Bay remains open and the military commissions persist, in violation of international human rights conventions.  
The Obama Administration has not renounced the use of torture, continues to operate secret prisons around the world, retains the use of extrajudicial kidnapping euphemistically called “extraordinary rendition,” and has ended a longstanding principled policy against assassinations.  President Obama contrived a secret “kill list.” Although widely discussed in the media, the program’s existence – as well as its alleged legal “justification” – are themselves kept secret. 

BGR

After 246 Years, Court Legalizes Spying On Americans By Feds

The United States federal government can spy on the communications of Americans without warrants and without fear of being sued, a federal appeals court ruled on Tuesday. The decision reversed the one and only case that ever successfully challenged former President George W. Bush’s Terrorist Surveillance Program.

“This case effectively brings to an end the plaintiffs’ ongoing attempts to hold the executive branch responsible for intercepting telephone conversations without judicial authorization,” wrote a three-judge panel of the Ninth U.S. Circuit Court of Appeals [PDF].

San Diego Americans for Safe Access

A press conference on behalf of Navy veteran and medical marijuana patient/provider Dexter Padilla has been set for Tuesday, May 22, at 12:30 p.m., in front of the Hall of Justice at 330 West Broadway, San Diego, California. The press conference was arranged by the San Diego Chapter of Americans for Safe Access.

A jury was selected last week and Padilla’s marijuana trafficking trial began on May 16 in Department 27 of San Diego Superior Court for the Honorable Laura Parsky.
Throughout the last week, the prosecution presented its side in the criminal trial of District Attorney Bonnie Dumanis v. Padilla, a Navy veteran, medical cannabis patient and president of Therapeutic Healing Collective (THC), a San Diego-based nonprofit medical marijuana cooperative.
The prosecution’s entire case consisted of two witnesses from D.A. Dumanis’ Cross Jurisdiction Task Force. The Task Force, which is strongly supported by Dumanis, was formed to commandeer local law enforcement in an effort to help the federal government circumvent California’s medical marijuana laws.

WeedMaps
In happier days: The bud room at Long Beach’s NatureCann

​Plainclothes officers not providing identification as members of the Long Beach Police Department, along with Long Beach Department of Finance employees, initiated what attorney Matthew Pappas called an “illegal raid” against NatureCann Non-Profit Patient Group last week.

On March 21 at 4:41 p.m., acting without a warrant or a court order, the officers forcefully broke into the collective where three patient volunteers were assisting fellow patients. An observer recording the raid outside of the collective was knocked down by an officer, who told him the police “can do whatever they want.”

Scores of businesses along the Atlantic Avenue Corridor were disrupted by the heavily armed police presence and activity.

Akl Seshnz
Above, a New Zealand police officer helps to carry The Daktory’s cannabis vending machine to a law enforcement vehicle Thursday night

​“Live Like It’s Legal” is the motto of New Zealand cannabis activists The Daktory — and it appears they take their own advice. Police said on Friday that they had seized a marijuana vending machine during a raid on the cannabis club in Auckland, which campaigns for the herb’s legalization.

The vending machine, in suburban New Lynn, had been set up to dispense one-gram bags of marijuana for NZ$20 ($16.20) each, one of the campaigners behind the scheme told Agence France-Presse.

Police said they arrested four people and seized the vending machine, NZ$27,000 in cash and about 700 grams of cannabis. Also seized when they raided the property on Thursday evening were bongs, pipes and other items.

Siskiyou County Sheriff’s Department
Siskiyou County Sheriff Jon Lopey claimed the medical marijuana “compliance checks” were voluntary — but none of the patients were told that. The sheriff claims he plans to meet with the detectives to make sure they’re “relaying correct information.” 

​Law enforcement officers made unannounced visits to the homes of medical marijuana patients in a California town last month, knocking on their doors and saying they were there at the direction of the sheriff. Dunsmuir residents said sheriff’s deputies, sometimes accompanied by a detective, showed up without warrants, but wearing full camouflage.

The deputies and a detective reportedly asked to see medical marijuana recommendation cards, asked to photograph the cards, requested and photographed identification, asked to view the number of plants in possession, and — according to several patients who experienced the visits — advised people on what medical conditions for which marijuana may or may not be used, reports Paul Boerger of Mount Shasta Area Newspapers.

Commentopia

Big Victory: Obama Administration Dealt Stinging, Unanimous Rebuke By High Court

The Supreme Court ruled unanimously on Monday that law enforcement authorities need a probable-cause warrant from a judge to affix a GPS device to a vehicle and monitor its movements.

The decision [PDF] in what is likely the biggest Fourth Amendment case in the computer age rejected the Obama Administration’s position that American citizens have no right to privacy in their public movements, reports David Kravets at Wired.

THC Finder

​A California court of appeal on Monday rejected a pound of marijuana as evidence in a case where police opened a shipped package they claimed smelled strongly of pot. If upheld on further appeal, the case could have far-reaching effects on future California prosecutions in which a “probable cause” search was based on smell alone.

“Was the warrantless search justified based on smell alone?” wrote Presiding Justice Arthur Gilbert of the Second District Court of Appeal in Ventura, reports Kate Moser at The Recorder. “Not according to the California Supreme Court. To smell it is not the same as to see it.”