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Started By
Message
re: 8th circuit rules legal to seize and scan credit/debit cards during traffic stop
Posted on 6/14/16 at 11:34 am to TheCaterpillar
Posted on 6/14/16 at 11:34 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.
The hypocrisy on both sides is mind numbing.
1
Posted on 6/14/16 at 11:35 am to Taurus
quote:
I'm talking about the ruling. The court. Got it?
quote:
William Jay Riley (born March 11, 1947 in Lincoln, Nebraska) is a federal judge on the United States Court of Appeals for the Eighth Circuit.
He was nominated by President George W. Bush on May 23, 2001
quote:
Clarence Arlen Beam (born January 14, 1930)[1] is an American jurist and a United States federal judge.
On October 14, 1981, Beam was nominated by President Ronald Reagan
quote:
On January 31, 2013, President Barack Obama nominated Kelly to serve as a United States circuit judge for the United States Court of Appeals for the Eighth Circuit,
So the newest, and only, "liberal" judge on the case convinced the boys to go along with her, huh?
Yea...Got it. That you continue to prove yourself a fricking idiot.
This post was edited on 6/14/16 at 11:37 am
Posted on 6/14/16 at 11:35 am to Black n Gold
quote:
The hypocrisy on both sides is mind numbing.
That this is not a topic on either party's mind is also very telling. They don't care.
Posted on 6/14/16 at 11:37 am to MSMHater
quote:
Yea...Got it. That you continue to prove yourself a fricking idiot.
I'm just over your head. My initial comment stands and you confirmed it. Thanks.
Posted on 6/14/16 at 11:39 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.
Well if this stands I guess we can take the 4th amendment and toss it in the garbage. The constitutional republic that grew up loving and even defending is long dead. Now their just abusing the corpse.
Posted on 6/14/16 at 11:41 am to Taurus
quote:
I'm just over your head.
Lol, most idiots say this when they realize they are outmatched.
Posted on 6/14/16 at 11:42 am to theenemy
quote:
Seizure warrants still are required and an asset forfeiture hearing in front of a judge is still required.
I wonder what the government/police/prosecutor's record of success is on these "hearings"... Anyone have a ballpark?
I'd venture to guess it's somewhere around 99.999999% in their favor.
Posted on 6/14/16 at 11:45 am to Taurus
quote:
You one trick ponies. Drugs laws??? Liberalism is the problem here.
quote:
Yeah, only a conservative issue. Yeah, keep thinking that stupid shite.
The ruling is very anti-individual rights, ie LIBERAL.
quote:
My initial comment stands and you confirmed it
Sorry for the confusion. Those liberal judges appointed by liberal Reagan and liberal Bush continue to display their judicial, liberal activism from the bench.
And while they may have been "conservative" when they were appointed, or when they have ruled appropriately on previous cases over the years, this ruling by them is just liberalism run wild.
Deep, man...deep! Forgive me for doubting your insight.
This post was edited on 6/14/16 at 11:46 am
Posted on 6/14/16 at 11:45 am to NYNolaguy1
The guy in the article was stealing other banking information and re-encoding it on gift cards in order to steal their money.
Posted on 6/14/16 at 11:50 am to MSMHater
quote:
Deep, man...deep! Forgive me for doubting your insight.
Can you read? My initial comment still stands. Keep trying to be the smart guy when you are obviously not.
Posted on 6/14/16 at 11:53 am to NoSaint
There was a story within the last week or so about a company that leases a device to law enforcement agencies that can scan a debit card & confiscate all funds in the associated account. The company gets a % of all seized funds
It was bad enough you could have your car & any cash on your person seized without due process. Now you can have your entire bank account seized before you are ever make it to the jail without any real evidence, just suspicion. Good luck making bail.
It was bad enough you could have your car & any cash on your person seized without due process. Now you can have your entire bank account seized before you are ever make it to the jail without any real evidence, just suspicion. Good luck making bail.
Posted on 6/14/16 at 11:53 am to NYNolaguy1
This thread... This board...
I'll read the opinion later, but the article mentions nothing about seizing money. Where did that come from?
These were counterfeit cards. That was confirmed when they were later swiped through a reader:
The defendant's lawyer tried to argue that swiping the cards was an illegal search. The court said no. And further added:
Can everyone relax, now?
I'll read the opinion later, but the article mentions nothing about seizing money. Where did that come from?
These were counterfeit cards. That was confirmed when they were later swiped through a reader:
quote:
Later, upon further investigation by the Secret Service and the Department of Homeland Security, “The agents discovered the magnetic strips on the back of the 10 American Express credit cards in Briere’s name contained no account holder identification or account information which exists on legitimate American Express cards when they are issued.”
The defendant's lawyer tried to argue that swiping the cards was an illegal search. The court said no. And further added:
quote:
There may be an instance, with facts different from this case, where a court reasonably finds a legitimate privacy interest in information contained in the magnetic strip of a credit, debit, or gift card. In such a case, a motion to suppress may well be proper to further explicate the nature and character of privacy interests, if any, that may reside within the confines of these magnetic strips. However, here, where all of the information in the magnetic strip should have been identical to the information in plain view on the front of the card, and where the cards were lawfully possessed by law enforcement officers and established to be counterfeit, we cannot conclude that De L'Isle had a privacy interest warranting further investigation into potential Fourth Amendment protections.
Can everyone relax, now?
Posted on 6/14/16 at 11:59 am to MSMHater
Depends if they are covered by regulation z or regulation e.
Posted on 6/14/16 at 12:27 pm to Speedy G
quote:
I'll read the opinion later, but the article mentions nothing about seizing money.
Neither does the opinion. I just read it and it's not 1/10,000th as egregious of a holding as the thread title would have you believe.
Posted on 6/14/16 at 12:35 pm to lsu2006
The ruling essentially states that it isn't an unreasonable search to scan the card(s) to see if the information contained in the magnetic strip on the back of the card matches that embossed on the front. This indicates whether it has been tampered with and/or whether the card(s) are/is counterfeited.
Posted on 6/14/16 at 12:42 pm to lsu2006
quote:
Neither does the opinion. I just read it and it's not 1/10,000th as egregious of a holding as the thread title would have you believe.
So just to clarify, the money on the cards will be given back to the perp?
Posted on 6/14/16 at 12:43 pm to NYNolaguy1
quote:
So just to clarify, the money on the cards will be given back to the perp?
The money on the cards wasn't taken to begin with. No clue where OP got that notion from.
ETA: oh, you're OP. No clue where you got that notion.
This post was edited on 6/14/16 at 12:44 pm
Posted on 6/14/16 at 12:45 pm to TheCaterpillar
quote:
What the frick is going on in this country?
The beginnings of a revolution.
Posted on 6/14/16 at 12:45 pm to TheCaterpillar
quote:
What the frick is going on in this country?
Libs, Dems and Obama.
Posted on 6/14/16 at 12:46 pm to lsu2006
quote:
The ruling essentially states that it isn't an unreasonable search to scan the card(s) to see if the information contained in the magnetic strip on the back of the card matches that embossed on the front. This indicates whether it has been tampered with and/or whether the card(s) are/is counterfeited.
And in scanning it, I assume other information, like balance and routing numbers would come up as well. When a police officer finds that a person has an unreasonable amount of money, do you think that won't set off a few alarm bells?
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