Monday, July 12, 2010

Searches, warrants, and privacy

True, by law authorities need search warrant in order to thoroughly examine your property.

However, if law enforcement officer is able to view contraband or evidence on your property without entering it, no search has been conducted. To broaden the scope, police are allowed to close enough to overhear you conversations or to take aerial photographs - all those are not searches.

In short, if it's seen or heard, that's not a search and no warrant is needed.

Are we protected at all? We won't be delving into 4th Amendment to US Constitution here.

The important aspect to understand here is "reasonable expectation of privacy".
Doing something in public, on the street, placing items on the dashboard of the car or in plain view inside, failing to use blinds to cover windows - those eliminate such expectation and provide others with right to peek. By contrast, placing items in glove compartment or locked trunk, fences them against just peeking. In order to get to those, one would need search warrant.

Actually, not always, either. One's consent will do in most cases. So, when you consent to the search (of your vehicle, for example), you authorize such search and eliminate the need for warrant. Be careful what you consent to even if all it takes is a nod.

Reasonableness of privacy is something looked upon when search warrants are given. Not all public places are non-private, as well as not all personal private places can enjoy privacy. Just one more example, to record video in public restroom warrant is needed (expected privacy), but your unfenced front-yard is open for anyone to look at and record at leisure.

Think of "reasonable expectations of privacy", searches, and consenting to those.

Tuesday, July 6, 2010

Who do we trust?

US Government is huge and composed of so many different agencies.

Not all government employees are uniformed. But won't you think that those that are, especially dealing with protection and security, are to be trusted completely?

Well, think again. Federal Computer Week reports on survey conducted by Ponemon Institute.
You can see article here.

Whose trash is that

At last I'm jumping on the blogging bandwagon to join all the rest of people here.

Will just start by small revelation I recently had.

Yes, it's coming from legal area, from court decision to be exact. And yes, it's about garbage, trash, refuse.

Is your trash private? Is it valuable? How does it belong to and who has rights to it?

In California v. Greenwood the Supreme Court of US ruled that once your trash is placed out for disposal it is no longer protected by 4th Amendment. Hence, you have no rights to it; it becomes public property, up for anyone to do whatever they please.
Short version
Legal version of the case

Now, what are the implications? Sure, you are not drug dealer.
So you think your trash can not tell a story about you? Like what medicine you're taking, credit cards you're using, magazines you're reading, drinks you favor, etc.

Think of it next time you discard your garbage.