Archive for the ‘Fourth Amendment’ Category

Bangor Area School District teachers vote no to random drug

BANGOR, Pa. -

The Bangor teachers union says no to random drug testing.

A year ago the school board passed the ground breaking measure, but it can't be implemented without union approval.

The Bangor Area School District would have been the first in the state with a random drug testing policy for teachers and staff, but union officials say the policy would violate their Fourth Amendment rights.

The school board passed a random drug testing policy for teachers and staff back in 2013, but the measure still needed approval from the union before being implemented.

Last night the union voted no.

I wasnt totally surprised," said Bangor school board president, Pamela Colton. "I understand the trepidation trying to implement something like this. It would be groundbreaking. No other school district in Pennsylvania randomly drug tests their staff.

The board passed the measure at the urging of the community.

In 2009 Bangor High School teacher Gina Riso died from an overdose at the apartment of Brad Washburn, a former Bangor wrestling coach.

In a statement, union officials say drug testing is not wrong as a pre-employment requirement.

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Bangor Area School District teachers vote no to random drug

The Fourth Amendment Rights – Video


The Fourth Amendment Rights
A video my partner and I made for a government video project in high school. Our video is on the fourth amendment which is "no illegal search and seizures." ...

By: MrDrumboy21 .

Excerpt from:
The Fourth Amendment Rights - Video

New York Attorney Heath D. Harte Releases a Statement on Fourth Amendment Rights

(PRWEB) May 22, 2014

Heath D. Harte, an attorney-at-law with over twenty-five years of experience, released a statement today commenting on the proper collection of DNA and protecting a persons fourth amendment rights.

According to the case People v. Walker (New York, 104040)*, the Appellate Division, Third Department suppressed a DNA sample linking the suspect to the victim. The court found the police unauthorized to collect DNA from the alleged suspect, Paul Walker Jr., under the no-knock warrant they carried out on April 2010.

This was a matter of the courts upholding a persons fourth amendment rights. A no knock warrant is issued when the police believe a suspect can destroy evidence in between the time of identifying themselves and entering the premises. In this case, a suspects DNA cannot be destroyed and the court found that his fourth amendment rights were violated, stated Heath D. Harte.

According to court documents, Justice John Lahtinen explained that a founding principle of due process guarantees that if no pressing circumstances exist, the suspect has the right to be heard before the suspects constitutional right to be left alone is overlooked.

All parties involved, especially the police, need to respect due process. To ensure a fair trial and a tight case, the investigation needs to be thorough and carried out with dignity. The suppression of DNA from this case will prove to be an interesting in the outcome of the case, continued Harte.

For more information about the Law Offices of Heath D. Harte please visit: http://www.HarteLawOffice.com

About the Law Offices of Heath D. Harte With over 25 years of experience, the Law Offices of Heath D. Harte is a full service law firm concentrating in criminal law, personal injury law, estate planning, and real estate. While traditional in service and style, with smart use of experience and leveraging state of the art technology to streamline services, the firm cuts out excessive overhead usually associated with law firms. Lower overhead means that the firm can offer the same service one expects from a prestigious law firm, like the Law Offices of Heath D. Harte, at lower, more affordable costs to clients. The firms ultimate goal is to provide aggressive, reliable and effective legal representation at an affordable price. The firm also offers creative fee structures to accommodate clients needs, especially in todays economic climate.

Contact To learn more about The Law Offices of Heath D. Harte locations and services, please contact: The Law Offices of Heath D. Harte 1700 Bedford Street, Suite 102 Stamford, CT 06905 Office: (203) 724-9555 questions(at)hartelawoffice(dot)com http://www.HarteLawOffice.com

http://law.justia.com/cases/new-york/appellate-division-third-department/2014/104040.html

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New York Attorney Heath D. Harte Releases a Statement on Fourth Amendment Rights

Motorists sue Aurora, police in 2012 traffic stop after bank robbery

Motorists who were detained at an Aurora intersection nearly two years ago while officers attempted to locate and apprehend an on-the-run bank robber have sued the city for violating their Fourth Amendment right against unlawful search and seizure.

The suit was filed Friday in federal district court on behalf of 14 plaintiffs, some of whom were approached at gunpoint by police at the intersection of Iliff Avenue and Buckley Road, handcuffed and made to wait for two hours while the scene was cleared.

"They had no probable cause to pat my clients down and then handcuff them when they found that they had no weapons," said David Lane, the attorney representing the group. "This was overreaching."

He said police should have used more precise location tracking technology to pinpoint the location of Christian Paetsch, the man eventually convicted and imprisoned in the robbery of a Wells Fargo branch June 2, 2012. Hidden in the stolen money was a GPS tracking device that brought officers to the busy intersection but was unable to provide vehicle-by-vehicle location information.

To surround 19 cars stopped at a light and detain 28 occupants in those vehicles in an attempt to find a robbery suspect violated the motorists' Fourth Amendment protections against unlawful search and seizure and excessive force, Lane said.

"(Police) brandished ballistic shields and pointed assault rifles directly at innocent citizens, including children under 10 years old," the lawsuit reads. "Officers with police dogs were at the ready. No one was free to leave."

Outgoing Police Chief Dan Oates said Saturday that U.S. District Judge William J. Martinez had already ruled that prosecutors could use evidence that officers gathered during the massive traffic stop, even though the judge acknowledged that "invasiveness" was the "most troubling" aspect of the officers' actions.

"My officers took a very dangerous person off the street, and he's in jail today," Oates said. "And nobody got hurt."

The chief, who will leave May 30 to head the Miami Beach, Fla., police force, said the court to date has held that his officers acted reasonably given the circumstances.

Oates and several Aurora police officers are also named in the suit.

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Motorists sue Aurora, police in 2012 traffic stop after bank robbery

Seize the Rojo – Video


Seize the Rojo
This is a short film project for one of my cousin #39;s Finals for school. The film is based on the Fourth Amendment of the U.S. Constitution. Hope everyone had fun with this project! I did! Nice...

By: Kevin Medrano

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Seize the Rojo - Video