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re: 8th circuit rules legal to seize and scan credit/debit cards during traffic stop
Posted on 6/14/16 at 1:27 pm to lsu2006
Posted on 6/14/16 at 1:27 pm to lsu2006
quote:
Absolutely nothing in the opinion indicates officers could access balance information.
And if technology were to come about that allowed LEO to access balance information by swiping the same card? Wouldn't this ruling give them a nice legal leg to stand on?
This post was edited on 6/14/16 at 1:29 pm
1
Posted on 6/14/16 at 1:29 pm to NYNolaguy1
quote:
And if technology were to come about that allowed LEO to access balance information by swiping the same card? Wouldn't this ruling give them a nice legal leg to stand on?
I'd say there is far more of an expectation of privacy with respect to one's balance rather than simply matching account name and card number from the magnetic strip to that embossed on the front. Highly distinguishable.
Posted on 6/14/16 at 1:30 pm to NYNolaguy1
quote:unconstitutional search
so he deployed his drug-sniffing dog.
quote:unconstitutional search and seizure
the law enforcement agent found and seized:
Posted on 6/14/16 at 1:31 pm to airfernando
quote:
unconstitutional search
Nope.
quote:
unconstitutional search and seizure
Aaaaand nope
Posted on 6/14/16 at 1:38 pm to lsu2006
quote:Obviously, you aren't smart enough to understand the 4th Amendment and base your thoughts on what liberals tell you.
Nope.
Posted on 6/14/16 at 1:40 pm to airfernando
quote:
Obviously, you aren't smart enough to understand the 4th Amendment and base your thoughts on what liberals tell you.
Yeah, ok.
Cite some case law.
Posted on 6/14/16 at 1:43 pm to lsu2006
quote:Case law? The Constitution is not established on case law. The officer did not have a warrant saying he could search that man's vehicle nor did he have a warrant saying he could seize cards.
Cite some case law
quote:Can you cite the warrant the officer used?
describing the place to be searched, and the persons or things to be seized
quote:That is exactly what a liberal sheep would say
Cite some case law.
Posted on 6/14/16 at 1:43 pm to airfernando
quote:
That is exactly what a liberal sheep would say
Posted on 6/14/16 at 1:45 pm to lsu2006
I'll take that as you aren't smart enough to counter the facts
Posted on 6/14/16 at 1:47 pm to airfernando
Whatever helps you sleep at night, bub. I'm sorry you don't know the literal first thing about how our criminal justice system works, but don't take it out on me. Case law is the backbone of American Constitutional law and the Supreme Court's interpretation of the constitution, including the 4th amendment, is the law of the land. Now, please cite some case law stating that using a drug dog in this instance and that searching his car and seizing the duffle bag is illegal. Thanks in advance.
Posted on 6/14/16 at 1:50 pm to airfernando
Are you a sovereign citizen guy?
Posted on 6/14/16 at 2:01 pm to NYNolaguy1
quote:
Because they were used in the commission of a crime.
They were the crime.
You think he should get his illegal counterfeit cards back?
Posted on 6/14/16 at 2:07 pm to Speedy G
quote:
You think he should get his illegal counterfeit cards back?
No.
My point in saying that was to point out that his cards were seized based off of the results that came from being scanned. The scan that was later ruled legal by the 8th circuit. Like I said in the op, I don't have a problem with this guy going to jail.
I just don't like the precedent it sets when technology finally does come around that allows LEO to scan your available bank balance without a warrant.
Posted on 6/14/16 at 2:09 pm to NYNolaguy1
quote:
I just don't like the precedent it sets when technology finally does come around that allows LEO to scan your available bank balance without a warrant.
Again, this would be an entirely different expectation of privacy than that with respect to your name and account number and expiration date (in my opinion). That's assuming your scenario even comes to fruition.
Posted on 6/14/16 at 2:10 pm to NYNolaguy1
quote:
My point in saying that was to point out that his cards were seized based off of the results that came from being scanned.
Because it (the information they received from scanning) is direct evidence of tampering/counterfeiting.
This post was edited on 6/14/16 at 2:12 pm
Posted on 6/14/16 at 2:16 pm to lsu2006
quote:
Because it (the information they received from scanning) is direct evidence of tampering/counterfeiting.
Agreed.
Posted on 6/14/16 at 2:22 pm to Taurus
quote:
The ruling is very anti-individual rights, ie LIBERAL
LOL. Please.
The only individual right that the right gives a hoot about is the 2nd amendment (and that requires ignoring the first clause, a decided activist interpretation). The right never had any use for the 4th amendment, whining about the ACLU, Warren court and "legal loopholes" (except when Limbaugh was the perp). Check the record of, say Scalia or Thomas on the 4th amendment. Or the 5th, or the 6th, or the 1st. The idea that the right protects individual rights is positively laughable. Almost as laughable as their claim that they support free markets (corporate welfare, the crux of right wing economic policy, is far more intrusive and anti-free market than a food stamp, or even Obamacare). Socialize the losses and expenses - privatize the gains is their definition of "free market".
And yes, Reagan gave us the war on drugs.
This post was edited on 6/14/16 at 2:26 pm
Posted on 6/14/16 at 2:31 pm to NYNolaguy1
quote:
My point in saying that was to point out that his cards were seized based off of the results that came from being scanned. The scan that was later ruled legal by the 8th circuit. Like I said in the op, I don't have a problem with this guy going to jail.
I just don't like the precedent it sets when technology finally does come around that allows LEO to scan your available bank balance without a warrant.
They were seized b/c there was probable cause that they were illegal (they were). They were impounded as evidence. While in custody (not on the side of the road), they were scanned to confirm that they were indeed illegal (they were). Charges were filed and the defendant was convicted of possession of illegal cards. On appeal, the defendant tried a hail mary motion to suppress the evidence gleaned from scanning the cards, claiming it was was an unlawful search. Appeals Court said GTFOH.
This case had nothing to do with account balances, and of course no money was siezed. There wasn't any money. They were bogus cards. The scan was simply to identify the cards as counterfeit, by determining that the magnetic strip didn't match the front of the card. IMO, that is something akin to a translation.
You seem really uninformed about this case, which is frustrating considering you started the thread.
Posted on 6/14/16 at 2:32 pm to Speedy G
quote:
The scan was simply to identify the cards as counterfeit, by determining that the magnetic strip didn't match the front of the card. IMO, that is something akin to a translation.
They likened it in the opinion to scanning a bill with an ultraviolet scanner to check if it's counterfeit.
quote:
You seem really uninformed about this case, which is frustrating considering you started the thread.
Also, this. The opinion was a really easy, short read. Not hard to get to the bottom of the facts/holding.
This post was edited on 6/14/16 at 2:34 pm
Posted on 6/14/16 at 2:34 pm to NYNolaguy1
The cop seized fraudulent cards with innocent citizens numbers on them
Good for the cops
Good for the cops
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