February 03, 2011 (Press-News.org) The events of September 11th have permanently changed the way law enforcement fights crime. The Fourth Amendment has long offered protection from unreasonable searches and seizures, but slowly, those protections are being minimized by new laws and court decisions upholding invasive investigatory tactics by state and federal agencies.
Many rules have been passed to help prevent terrorism from spreading, to allow officials to detect those who would do harm to our country. While these rules have helped officials keep track of potential terrorists, it also allowed law enforcement agencies to aggressively monitor our daily lives.
Most large cities, Phoenix included, now have "fusion centers" in place which were created to lead the fight against terrorism. The centers consist of local law enforcement agencies working in concert with FBI Joint Terrorism Task Force personnel. Phoenix serves as the headquarters for the Arizona Counter Terrorism Information Center.
Concerned citizens may submit suspicious activity reports to these agencies for further investigation. The agencies then create files on those who were reported to have engaged in suspicious behavior as part of the Nationwide Suspicious Activity Reporting Initiative. However, it is unclear exactly what suspicious behavior means. The U.S. Department of Justice calls it "observed behavior reasonably indicative of pre-operational planning related to terrorism or other criminal activity."
With so much leeway, a person could report nearly anyone for anything that seems to be unusual. Officials in the fusion agency which received the report may forward it on to the FBI. If the file remains open, law enforcement can continue to investigate the individual. A national database has been created to store all of these reports, in an effort to spot any patterns or tendencies in specific regions.
In addition, law enforcement agencies have been equipped with new tools to help track down criminals. Police can use license-plate scanners to check for warrants based on the registered owner of the vehicle. Fingerprint scanners are used on drivers who have been stopped for traffic violations. Officials in Maricopa County use facial recognition software when taking mug shots.
This technology is also being used in the hunt against those who possess child pornography. Many of these images or videos are spread using file-sharing services, such as LimeWire or Kazaa, or torrent sites. Each image or video has specific file name that distinguishes it from other files - a type of digital fingerprint.
Law enforcement determines which file names are tied to known pictures or videos of child pornography. It then runs searches through the files of those connected to the file-sharing network to see if anyone has this information stored on his or her computer. Once police establish who has saved the images, they will make an arrest.
These investigations are happening at both the state and federal level. Continuing advancements in technology are making tracking systems more sophisticated, making it easier to find those who are in possession of child pornography. With the evidence readily accessible, prosecutors have little trouble making their case. Many accused simply plead guilty rather than contest the charges.
While technology is allowing for a more aggressive investigation of criminal activity, it is not the only way that law enforcement is being empowered. Closer to home, the California Supreme Court recently handed down a ruling that could have a major impact on those suspected of crimes. Gregory Diaz was arrested after buying drugs from an undercover informant. Police discovered the six ecstasy pills he allegedly purchased, as well as a small amount of marijuana. He denied purchasing the drugs from the informant.
The arresting detective then examined Diaz's cell phone. He noticed a text message which read "6480" which he determined meant "six pills for $80." Diaz then admitted to taking part in the sale. Diaz pleaded not guilty to the charges he was facing, stating that the detective did not have a warrant when he accessed the information contained on Diaz's phone.
The court held that police looking at the messages on a cell phone was a valid search incident to arrest, similar to looking into a pack of cigarettes found on a person. The cell phone was considered "personal property" and therefore subject to search without need for a warrant. Diaz's argument about the storage capacity of cell phones was unpersuasive, in part because the court did not want to consider creating a rule which would exempt some cell phones but not others. This decision, the court feels, makes it easier for law enforcement to apply during their investigations.
The dissent notes that police are in control of a cell phone after the arrest is made. Those suspected of crimes are unable to make any changes to the information contained on the phone, so there is no reason to conduct a warrantless search. Evidence cannot be destroyed by the phone's owner since he or she is being kept separate from the phone.
Despite these arguments, police in California now have the ability to search the contents of cell phones without needing to obtain a warrant. Other law enforcement agencies may point to the California decision in an attempt to have similar laws put in place in their state.
If you have been accused of a crime, contact an experienced criminal defense attorney in your area to help you protect your rights. It may be possible that police exceeded their authority when they were conducting their investigations.
Article provided by Law Offices of Howard A. Snader, LLC
Visit us at www.notacriminal.com
The Effect of Technology on the Fourth Amendment
Many rules have been passed to help prevent terrorism from spreading, to allow officials to detect those who would do harm to our country. While these rules have helped officials keep track of potential terrorists, it also allowed law enforcement agencies to aggressively monitor our daily lives.
2011-02-03
ELSE PRESS RELEASES FROM THIS DATE:
Cervical Cancer Impacting Young Women
2011-02-03
The importance of a yearly physical has long been stressed by medical professionals to help detect serious illnesses before they become problems. Doctors alerted to medical conditions can help proscribe a treatment plan which will put patients on the road to complete recovery. All too often, physicians miss signs that lead to tragic consequences. For young women, hard to detect cancers may develop and spread because of a physician's inability to diagnose the cancer at an early stage.
The rate of survival for cancers increases the earlier it is detected. Breast cancer ...
New Rules will Help Protect Workers in Dangerous Occupations
2011-02-03
Employees in today's economy know how fortunate they are to have a job. With unemployment rates rising, employers have the advantage. They can set the terms of employment, and if a prospective employee is unhappy with the proposal, someone else will gladly work under the conditions offered.
While employees are protected by various state and federal laws, those laws are constantly changing. With employers focused on keeping costs of projects low, workplace safety has become a major issue, especially preventing many various types of construction accidents, which can cause ...
Bankruptcy Fears Adding More Gray Hairs to Our Aging Population
2011-02-03
The past few years have seen a sharp uptick in bankruptcy filings across age, economic and cultural lines. Surprisingly, however, the biggest spike comes from people over the age of 65, a demographic that previously had one of the lowest levels of bankruptcy filings. Demos, a New York City-based public policy advocacy and research group, shows that there has been a 26% increase in the past five years alone.
A landmark 2010 study performed by the University of Michigan Law School demonstrates the huge rise in elder bankruptcy filings as well as another surprise: the average ...
Medical Testimony Can Be the Key in Criminal Defense Cases
2011-02-03
What may seem like an open and shut case on the surface can have surprising results, especially once all of the facts are presented. Take for instance a recent case in which the defendant was charged with vehicular homicide after he and a co-worker were involved in a car accident resulting in the co-worker's death.
Both the defendant, who was driving the work truck, and the co-worker, who was sitting in the passenger seat, had been drinking prior to the accident. The defendant lost control of the vehicle and hit a tree. On the surface, someone might assume that the passenger's ...
The Need to Protect Inmates From Sexual Assault
2011-02-03
Being sent to prison, knowing that for a period of time that one will have to live behind bars, is traumatic in and of itself. If that wasn't bad enough, some inmates suffer further humiliation by being sexually assaulted at the hands of fellow inmates and prison guards.
At times, such indignity is not adequately addressed or is ignored by prison officials, leaving an inmate to be a victim of further sexual assaults and rapes. In one instance, an inmate-victim's complaints were ignored, leaving him only one option to escape the assaults perpetrated upon him -- attacking ...
Divorce in a Down Real Estate Market
2011-02-03
The recent financial meltdown created a housing crisis that has depreciated home values throughout the United States. As a result, millions of homeowners now have underwater mortgages where they owe more on their mortgages than their homes are worth. A fiscal nightmare, the problem has acutely affected many couples contemplating divorce.
Before the downturn in the housing market, the division of a couple's assets often centered on what was done with the home. Couples often used to argue over who was able to keep the property since it represented stability and the opportunity ...
Sex Offenders Falling Through the Cracks?
2011-02-03
A recent, small-sample study performed by the federal Government Accountability Office (GAO) reported high rates of employees at both public and private schools who have convictions for sex-related crimes. No one employee group was singled out in the study, and researchers found people with records of inappropriate sexual conduct in all sorts of positions, including teachers, volunteers, aides, support staff and contractors.
Of the 15 high-profile cases investigated by the GAO, 11 of those involved abusers who had previously targeted children at least once before. Several ...
Determining Disability: How Does the SSA Decide?
2011-02-03
While the Social Security Administration (SSA) is a federal agency, the leg work in determining if one is disabled is done at the state level by state workers. They follow the guidelines and procedures set forth by the SSA when determining if an applicant for SSD is disabled. Thus, Michigan SSD applicants will have their applications determined by the Michigan Disability Determination Services workers.
To receive Social Security Disability (SSD) benefits, the applicant must be found to be disabled. Your doctor will be asked for information about your medical condition, ...
For Survivors of a Fallen Biker: Wrongful Death Claims in NC
2011-02-03
In 2008, a staggering 159 motorcyclists were killed in North Carolina. Those fallen bikers are not just statistics; they were loved people that families and friends tragically and unexpectedly lost. If someone you love has died in a motorcycle accident, contact a North Carolina motorcycle accident attorney experienced in handling motorcycle accident cases.
Horrifically, the biker who died is at fault less than 25 percent of the time, as reported by the National Highway Traffic Safety Administration (NHTSA); some reports indicate the car or truck driver to be at fault ...
M&s Money Reveals Briton's Money Habits Influenced by Mother
2011-02-03
M&S Money has revealed that mothers are the biggest influences on people's financial habits.
M&S Money surveyed 1000 people to find out about how their family has influenced their finances. The research reveals that 36% say that their mothers have had the most influence on the way they handle their money, compared to 32% who say it is their fathers.
Grandparents (3%) and siblings (1%) have little influence while 24% say their family have no influence over their financial habits at all. It seems the people surveyed also follow their own gender as a role model; women ...
LAST 30 PRESS RELEASES:
National poll finds gaps in community preparedness for teen cardiac emergencies
One strategy to block both drug-resistant bacteria and influenza: new broad-spectrum infection prevention approach validated
Survey: 3 in 4 skip physical therapy homework, stunting progress
College students who spend hours on social media are more likely to be lonely – national US study
Evidence behind intermittent fasting for weight loss fails to match hype
How AI tools like DeepSeek are transforming emotional and mental health care of Chinese youth
Study finds link between sugary drinks and anxiety in young people
Scientists show how to predict world’s deadly scorpion hotspots
ASU researchers to lead AAAS panel on water insecurity in the United States
ASU professor Anne Stone to present at AAAS Conference in Phoenix on ancient origins of modern disease
Proposals for exploring viruses and skin as the next experimental quantum frontiers share US$30,000 science award
ASU researchers showcase scalable tech solutions for older adults living alone with cognitive decline at AAAS 2026
Scientists identify smooth regional trends in fruit fly survival strategies
Antipathy toward snakes? Your parents likely talked you into that at an early age
Sylvester Cancer Tip Sheet for Feb. 2026
Online exposure to medical misinformation concentrated among older adults
Telehealth improves access to genetic services for adult survivors of childhood cancers
Outdated mortality benchmarks risk missing early signs of famine and delay recognizing mass starvation
Newly discovered bacterium converts carbon dioxide into chemicals using electricity
Flipping and reversing mini-proteins could improve disease treatment
Scientists reveal major hidden source of atmospheric nitrogen pollution in fragile lake basin
Biochar emerges as a powerful tool for soil carbon neutrality and climate mitigation
Tiny cell messengers show big promise for safer protein and gene delivery
AMS releases statement regarding the decision to rescind EPA’s 2009 Endangerment Finding
Parents’ alcohol and drug use influences their children’s consumption, research shows
Modular assembly of chiral nitrogen-bridged rings achieved by palladium-catalyzed diastereoselective and enantioselective cascade cyclization reactions
Promoting civic engagement
AMS Science Preview: Hurricane slowdown, school snow days
Deforestation in the Amazon raises the surface temperature by 3 °C during the dry season
Model more accurately maps the impact of frost on corn crops
[Press-News.org] The Effect of Technology on the Fourth AmendmentMany rules have been passed to help prevent terrorism from spreading, to allow officials to detect those who would do harm to our country. While these rules have helped officials keep track of potential terrorists, it also allowed law enforcement agencies to aggressively monitor our daily lives.