Another gem from our nation’s crime fighting bureaucracy:
“In a handful of criminal cases around the country, local police officers have testified in recent months that non-disclosure agreements with the FBI forbid them from acknowledging the use of secret cellphone-tracking devices. In some, prosecutors have settled cases rather than risk revealing, during court proceedings, sensitive details about the use of the devices.”
I want to clarify one thing- I’m pro law enforcement, period. But I am also a patriotic American citizen who cherishes our Constitution.
I understand fully that today in Obama’s America, cops have one of the worst, most thankless jobs possible. Being a cop is always a tough job due to the nature of the beast. Locking people up isn’t the best way to win friends and influence people.
Under Obama’s Justice Department things have gotten completely out of control. Murders of Police Officers have sky rocketed and the ensuing mayhem caused by groups like Black Lives Matter have made many urban centers resemble third world war zones.
The polarization and politicization of today’s law enforcement can be blamed directly on the Justice Department and the current and previous Attorney Generals- Loretta Lynch and Eric Holder.
The administration’s contempt for the Constitution and rule of law combined with their attitude of being exempt from our laws is clearly on display here.
The FBI is using electronic devices that gather private cell phone information on random American citizens during investigations of criminals. This is total bs.
Further, the Feds are making local officers sign non-disclosure agreements in the process, swearing them to secrecy. Most transparent administration ever? Hardly. This activity has been litigated ad-nauseam and clearly violates the 4th Amendment.
For those who need a refresher on your Constitutional rights:
The Fourth Amendment of the U.S. Constitution provides, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The Founding Fathers intent was clear: They were subjected to all sorts of legal fishing expeditions by the British authorities during the Revolutionary War era.
They knew very well that the “authorities” could always manage to “find” something, some “evidence” against a citizen if they raided their house and property.
This “evidence” could then be used to manufacture a case against the accused and gain a conviction. It’s a very convenient way to silence or jail troublemakers… and Patriots.
The FBI is no different. They know they should be getting warrants to use these devices just like when they would wiretap someone (back when we used wires):
The FBI also stated that it requires officers to obtain a search warrant to use the device, unless the case involves an emergency such as a kidnapping, missing child or crime that could lead to imminent death. The updated warrant policy was first reported by the Wall Street Journal.
The bureau had previously said it obtains court orders — which require a lesser standard than the probable cause required for a warrant — to use the devices. Judges, however, typically are not informed by the law enforcement agencies that they are planning to use a cell-site simulator.
Instead, orders are often granted for the purpose of obtaining cell-tower information from a phone company.
Again- I don’t have a problem with law enforcement using every tool at their disposal to arrest criminals. But this power needs to be monitored and checked:
“The clarification sheds new light on the bureau’s policy on the controversial technology following months of reports about the growing use of the devices by state and local police without the express approval of judges. It also comes as the Justice Department is finalizing a review of federal law enforcement agencies’ use of the devices.”
While they have no compunction about violating the privacy rights of literally millions of American citizens through warrantless surveillance, they practically melt down at the suggestion we do the same to the local Mosque where the next terror bombing is potentially being planned.
It’s an absolute disgrace that this is going on. The DOJ’s conduct is so egregious that some states are taking action on their own to limit further abuse:
In Washington State on Monday, Gov. Jay Inslee (D) signed into law a measure that requires a warrant for the use of cell-site simulators, accompanied by an application describing the type of device to be used, the target phone number and the geographic area to be covered. The law also orders the police to delete any information collected from any bystander who is not a target.
I remember when President Bush signed the Patriot Act in the aftermath of 9-11. The government said at the time that they would be too busy tracking down terrorists to look at the private communications of the average American citizen.
As with most anything the government says anymore, you just can’t believe it.