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8th circuit rules legal to seize and scan credit/debit cards during traffic stop
Posted on 6/14/16 at 11:05 am
Posted on 6/14/16 at 11:05 am
quote:
A federal appeals court ruled Wednesday that law enforcement can legally scan or swipe a seized credit card—in fact, it is not a Fourth Amendment search at all, so it doesn’t require a warrant.
In the 8th Circuit Court of Appeals’ 15-page opinion, swiping a card does not constitute a physical search, as the magnetic stripe simply contains the same information obviously visible on the front of the card. Plus, the defendant, Eric-Arnaud Benjamin Briere De L'Isle, couldn’t have had a reasonable privacy interest in the card, the court concluded, because he would have tried to use it when he tried to buy something, thereby giving up privacy interests to a third party (the issuing bank).
According to court records in United States v. De L’Isle, the case began in June 2014 when Eric-Arnaud Benjamin Briere De L'Isle was driving westbound on I-80 and was pulled over by a Seward County, Nebraska, sheriff’s deputy.
The deputy, Sgt. Michael Vance, pulled over De L’Isle (also known as “Briere”) for following too close to a tractor-trailer. As Sgt. Vance approached the car, he noticed the distinct “odor of burnt marijuana” coming from within the car, and he observed three air fresheners hanging from the rear-view mirror. After questioning De L’Isle, Sgt. Vance suspected that the driver might have drugs, so he deployed his drug-sniffing dog.
While no drugs were located, the law enforcement agent found and seized:
…51 credit, gift, and debit cards in a duffel bag located in the vehicle’s trunk. Ten of the cards were American Express credit cards, all bearing Briere’s name, with different account numbers embossed on the fronts of the cards. A number of the debit and gift cards also had account numbers embossed on them, but none bore Briere’s name. Some of the cards were in wrapping utilized by the issuing company to display the cards in retail stores.
No doubt this dude was up to something, and probably deserved jailtime, but this precedent is going to screw a lot of innocent law abiding citizens.
Ars technica
This post was edited on 6/14/16 at 12:54 pm
Posted on 6/14/16 at 11:05 am to NYNolaguy1
What the frick is going on in this country?
Posted on 6/14/16 at 11:08 am to TheCaterpillar
quote:
What the frick is going on in this country?
Liberalism disguised as something way worse and stupid people voting for it.
Even conservatives are falling for it.
Posted on 6/14/16 at 11:09 am to TheCaterpillar
quote:
What the frick is going on in this country?
An apathetic populace that has had safety drilled into their head at the expense of freedom.
Posted on 6/14/16 at 11:09 am to NYNolaguy1
Looks like I'm going straight cash from now on
Posted on 6/14/16 at 11:09 am to Jcorye1
"I don't commit crime, why should I care?!!"
Posted on 6/14/16 at 11:10 am to NYNolaguy1
quote:
8th circuit rules legal to seize money on credit/debit cards during traffic stop
Crooked cops around the country just went from 6 to midnight.
Posted on 6/14/16 at 11:11 am to NYNolaguy1
quote:
A federal appeals court ruled Wednesday that law enforcement can legally scan or swipe a seized credit card—in fact, it is not a Fourth Amendment search at all, so it doesn’t require a warrant.
Never knew blatant theft required a warrant.
Posted on 6/14/16 at 11:12 am to NYNolaguy1
Mark of the beast is coming
Posted on 6/14/16 at 11:12 am to Taurus
quote:
Liberalism disguised as something way worse and stupid people voting for it.
Even conservatives are falling for it.
This is not liberalism. In fact, conservative legislation is usually behind most law enforcement policy that overreaches into our personal liberty.
See: Drug war. Which this is a product of.
Posted on 6/14/16 at 11:13 am to NYNolaguy1
well they will need a warrant to find my card
Posted on 6/14/16 at 11:14 am to NYNolaguy1
quote:
couldn’t have had a reasonable privacy interest in the card, the court concluded, because he would have tried to use it when he tried to buy something, thereby giving up privacy interests to a third party (the issuing bank).
Isn't there mutual non-disclosure language in the contract terms for these 3rd parties? So you WOULD have an expectation of privacy and non-disclosure for the applicable data.
I'm I off base on that?
ETA: Would not apply to unregistered gift cards.
This post was edited on 6/14/16 at 11:16 am
Posted on 6/14/16 at 11:15 am to NYNolaguy1
Meanwhile in SC, police departments are now banned from having ticket quotas.
Eta: but seriously, is there a chance of this going up the court ladder and be overturned?
Eta: but seriously, is there a chance of this going up the court ladder and be overturned?
This post was edited on 6/14/16 at 11:18 am
Posted on 6/14/16 at 11:17 am to Nado Jenkins83
quote:
well they will need a warrant to find my card
Do you open your wallet to get your license? Is your credit card then not in plain view?
Thats aside from him patting you down for a Terry stop and opening your wallet for you.
This post was edited on 6/14/16 at 11:18 am
Posted on 6/14/16 at 11:17 am to NYNolaguy1
quote:
seize money on credit/debit cards
Please change misleading title.
Unless I'm reading wrong, they're just scanning the card to check his balance. They're probably doing it to get a dollar amount to put on the police report.
"Siezed $100,000 worth of credit and debit cards"
Sounds like junkies are paying for drugs with gift cards instead of CASH.
So much for grandma giving addicts gift cards because "if she gave him cash, he'd just spend it on drugs."
Posted on 6/14/16 at 11:18 am to NIH
quote:
"I don't commit crime, why should I care?!!"
That and Think of the Children! are some of the most disgusting things an American can say.
Posted on 6/14/16 at 11:18 am to NYNolaguy1
wouldn't a toll booth with scanner be more efficient
Posted on 6/14/16 at 11:19 am to TheCaterpillar
quote:
This is not liberalism. In fact, conservative legislation is usually behind most law enforcement policy that overreaches into our personal liberty.
See: Drug war. Which this is a product of.
You one trick ponies. Drugs laws??? Liberalism is the problem here.
Posted on 6/14/16 at 11:20 am to NYNolaguy1
quote:
he noticed the distinct “odor of burnt marijuana” coming from within the car
quote:
While no drugs were located
Ahhh the good ole “smelled marijuana to get probable cause” routine…been there.
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