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Judge Weighs In On The Use of Radar Devices To Scan Homes For Police Searches

110708+Police+Scanner+OceansideSent to us by a reader who said: Oh Yeah & this isnt going to be misused at all…

Counter Current News – by Moreh B.D.K

Tenth Circuit by Judge Neil Gorsuch is always known for his strong opinions. He recently let the increasingly militarized and Constitution-ignoring police have it in the ruling on United States v. Densonwhich addresses the use a Doppler radar device to determine if residents are present within a home to be searched or raided.

The case involved a home entry and arrest of a suspect.  

Judge Gorsuch notes the importance of Fourth Amendment Constitutional issues that are raised by use of a “Doppler radar device capable of detecting from outside the home the presence of human breathing and movement within.”

Orin Kerr of the Washington Post notes that on page 9 of the opinion, Gorsuch poses the question:

If the government has the burden of proving reasonable suspicion, should the court treat the absence of information in the record on this point as not changing its otherwise-reached view that there is reasonable suspicion (as it does), or should that be treated as a potentially serious deficiency in getting to reasonable suspicion that the government has to overcome? I’m not sure of the answer. We don’t normally encounter this question because we normally understand the uses and limits of investigatory tools. If the officer looked through the window and didn’t see any other people, for example, we could intuitively factor that into the reasonable suspicion inquiry without having to think about burdens of proof. I’m less sure what we’re supposed to do when the government use a suspicion-testing technological device with unknown capabilities.”

Read more on Kerr’s review of the case here, and read the opinion from Judge Gorsuch in United States v. Denson for a full assessment of the case and the use of this technology as it applies to our Constitutional rights.

(Article by Moreh B.D.K.; image via NBC, used for illustrative purposes)

http://countercurrentnews.com/2014/12/judge-weighs-in-on-the-use-of-radar-devices-to-scan-homes-for-police-searches/

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3 Responses to Judge Weighs In On The Use of Radar Devices To Scan Homes For Police Searches

  1. Conserned American says:

    Lead Foil is your friend. 🙂

    http://www.nuclead.com/leadsheet.html

    If you are remodeling or building a house that’s a good opportunity to install a good bunch of that stuff under the siding. One nice thing about lead is it is a good rust barrier for steel. Used properly there is NOTHING wrong with using lead in construction and because of the A-HOLE nosy government and its disregard for our safty in applying hard radar energy on us the public may as well protect yourself from those JERKS!!!

    Marked mentioned the use of lead paste mixed in your latex paint, and that might just work, but lead sheeting is cool because you can use it in a whole bunch of other applications. Encase your smart meter in that stuff, as an example.

    If you think this court ruling will change anything I have a bridge to sell you across the Sea of Cortez in Aridzona. 🙂

  2. NC says:

    Unfrigginbelievable………

    It’s never going to end until We the People make it end. When is everyone going to realize this?

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