Should Using a Fake Name Mean Forfeiture of Fourth Amendment Rights?
- Posted on February 15, 2012 at 12:27pm by
Liz Klimas
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If you thought using a fake name to buy your cellphone plan was a good idea — disregarding the likelihood that you were probably planning some sneaky activity — the Department of Justice is saying you may have just waived away your Fourth Amendment rights with that move.
(Photo: US Patent and Trademark Office)
According to the Wall Street Journal, Daniel David Rigmaiden did just that and his phone was tracked without a warrant using a stingray device by the government in order to reveal that he was filing fraudulent tax returns. Use of this device without a warrant was deemed in court as unconstitutional. But now, the Department of Justice is saying that because Rigmaiden used a fake name and address of a deceased person to create this account and purchase equipment, his rights under the Fourth Amendment that would have required a warrant are forfeited.
(Related: Should law enforcement‘s ’stingray’ system track you without a search warrant?)
More specifically, Gizmodo reports, that a search warrant was not obtained to track Rigmaiden’s cellphone location, which led authorities to an apartment — at which point they did receive a warrant to search — where they found his fake ID and a broadband card with the allegedly incriminating evidence.
WSJ reports that in other recent cases warrantless searches have been permitted when the person searched used fraud to obtain the device. Still, there are opponents to this school of thought, holding that people “have a reasonable expectation of privacy”, which would still require a warrant:
“It’s not against the law to use a fake name,” said Adam Candeub, director of the Intellectual Property, Information and Communications Law Program at Michigan State University. The use of a fake ID and signing of a lease might be a different matter, though. “It can be fraudulent if you are entering into a contract under a fake name, but if it is a simple retail transaction the law is not clear,” he said.
WSJ reports Susan Freiwald, professor at the University of San Francisco School of Law, said that using a fake name is not a large enough offense to strip away these rights.
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Comments (146)
tharpdevenport
Posted on February 15, 2012 at 1:59pmEverytime I see that red and white sticker, I always see this:
Report Post »http://img717.imageshack.us/img717/2787/inigomontoya.jpg
Walkabout
Posted on February 15, 2012 at 5:21pmRigmaiden dislike s the government for some of the same reason I do, no doubt.
But stealing someone else’s identity is beyond the pale, be the illegal alien crossing the border or tax protester.
Report Post »WeDontNeedNoSteenkinBadges10
Posted on February 16, 2012 at 4:09amtharpdevenport – http://img717.imageshack.us/img717/2787/inigomontoya.jpg
LOL !! I don‘t need no stinkin’ badges, but I like that one!
“If you thought using a fake name … the Department of Justice is saying you may have just waived away your Fourth Amendment rights with that move.”
LOL !! My little friend doesn’t agree with you. Say hello to my little friend:
Report Post »http://www.youtube.com/watch?v=g2wD5TaMf2k
TomFerrari
Posted on February 16, 2012 at 8:01amHaving lived proximate to Hollywood, in Palm Springs, there are many people (actors, etc ) who change their names. You are legally allowed to go by any name you wish.
This is why police track aliases. What could be more of a personal right than self identity?
Your parents chose your name. But, you are free (mostly) and an adult, and you can change it if you like. The problem is, the government has too much money and is lazy. They want computers to do all their work for them, so they want to force you to go through them to change your name. That way they have a digital record, and don’t have to look for you.
Can you imagine all the “Junior’s“ and ”Bubbas” we would put in jail because they werent using their government name? All the women who got married or divorced and never changed their name?
All the people who were baptized and use a “Christian name”?
Big Brother is alive and thriving… and getting bigger by the second.
Report Post »tharpdevenport
Posted on February 16, 2012 at 9:11pmOnly ERIC HOLDER’S Justice Department thinks this. Once we root him out (once he goes to jail over Fast and Furious, and lying under oath), replace him, and shake things up there, this will go bye-bye.
Report Post »Protoham
Posted on February 18, 2012 at 4:12pmPolice and FBI do this all the time when working undercover. You guys just handed a new weapon to the bad guys!
Now ask yourself, exactly why do I have to provide a name to buy a cell phone? Let alone a SSN.
Report Post »Call2Action
Posted on February 15, 2012 at 1:55pmIf there is not a law against something, then it is legal. The government is way too intrusive and has exceeded it’s constitutional authority.
Citizens should refuse to obey the unconstitutional demands of government officials.
Report Post »JRook
Posted on February 15, 2012 at 2:40pmSounds great but the individual utilized a deceased person’s identity. The 4th. Amendment rights attach to that person not this criminal. As far as the police knew it was the dead persons phone and the criminal stole it.
Report Post »@leftfighter
Posted on February 15, 2012 at 3:13pmWhat is there not a law against?
Things recently remind me of one particular fascist regime that, over the course of about 6 years, slowly whittled away at existing laws so much that no matter what you did (or didn’t do) you were in violation of one law or another and literally anyone could be detained at any time for any reason.
That nation’s leader also came out of nowhere to claim the Executive branch shortly after the economy crashed, and that guy became a dictator who would act before the legislature approved what he was doing, if they spoke up, he’s have his thugs kill the loudest dissenter, and he eventually marginalized them effectively out of existence.
We’re not quite to the Hitler moment yet, but there are several similarities going past us as we hurdle down the road.
Report Post »What_Did_I_Miss
Posted on February 15, 2012 at 11:11pmIt would not take too much perverted reasoning like this to say all of us on this blog with our fancy pseudonyms have forfeited our 4th ammendment rights also. If everything is illegal, everybody is a criminal.
Report Post »Wolf
Posted on February 16, 2012 at 8:15amThis kind of sting is BS and strictly a control tactic. If using fake names is so bad, half of hollywierd would be in prison.
Report Post »If there’s no law against it, who cares? If there is a law against it, who cares? There are enough stupid nanny state laws ‘on the books’ every politician should be in jail for disobeying.
That this person used a deceased person’s name and dates is moot- he sure didn’t hurt the person any.
Mo Better
Posted on February 15, 2012 at 1:53pmShut up, you little people! Just shut up!
We’re the government. WE decide what Constitutional rights you get to have, you don’t! If we decide some behavior you engage in is not to our liking we will arbitrarily and unilaterally strip you of a Constitutional right, so get used to it.
It is a new day in Amerika. MAObama is in charge and he will decide what freedoms you have to give up and which liberties, if any, you get to keep, (after he consults with his Marxist Consort, Moochelle Antionette Fatazz, that is) You normal God-fearing, law-abiding, taxpaying white people have had your day – it is time for Muslims, black liberationists, militant homosexuals, transgender degenerates, atheists, God-haters, anti-semites, radicals, perverts, thieves, statists, Marxists, Maoists, New Black Panthers, crony capitalists, Occupy whackos and whatever other vermin and evil we wish to promote, encourage and support. Your day is over, give it up – the NWO is in charge…. and loving every get-even minute….
Report Post »wtune
Posted on February 15, 2012 at 8:08pmHow many of you out there are, like me, concerned about the November elections. The way this president has trampled on the Constitution and bypassed Congress, I fear we may have national SEIU-led riots in October. Then the president will have to declare martial law to restore order. Of course, he will have to avoid potentially violent assemblies such as might appear at the polls. Therefore he will postpone elections “until order is restored.”
This tactic has been used in Third World countries for years. And Obama is trying to make us a Third World country, destitute and weak. As he succeeds in our “change,” he will assume ever more dictatorial powers.
I know I am paranoid, but as the saying goes “Just because you are paranoid does not mean others aren;t out to get you.”
Report Post »Ballot_Box_Revolution
Posted on February 15, 2012 at 10:05pmparanoid or not, keep speaking, because IF it does happen people will already know why…..well a lot of people will….others might dismiss it as coincidence….
Report Post »toto
Posted on February 16, 2012 at 12:23amWTUNE I fear you are right and the damage and destruction done to the White House and other government building will be terrible, no doubt the worst imaginable. I suggest Congress get ready and have cameras installed in all offices and corridors of “power” to prevent what is possible. These people have NO morals and don’t follow something as simple as the Golden Rule. Think how much money and time could be saved if all people applied it in Washington, in businesses, in schools. It’s tragic really.
Report Post »I support God's Israel!
Posted on February 16, 2012 at 3:41pmMo Better:
Report Post »Say Hello To My Little Friend …..
http://www.youtube.com/watch?v=g2wD5TaMf2k
Tickdog
Posted on February 15, 2012 at 1:50pmwhy use a fake name unless you are doing something illegal? which case that would make you a democrat… etc…
Report Post »RJJinGadsden
Posted on February 15, 2012 at 2:07pmLOL, like celebrities?
Report Post »bertr
Posted on February 15, 2012 at 2:13pmMight i point out you are most likely posting under a fake name unless you are legally named tickdog. lol
Report Post »finky555
Posted on February 15, 2012 at 2:48pmhehehe Bertr, mine isn’t fake, I was named after long distance information, their always finking out people’s phone numbers
Report Post »BSdetector
Posted on February 15, 2012 at 2:48pmOr if you’re doing something perfectly legal that the government frowns upon and has decided they will make a law later to retroactively punish you on.
Report Post »Such as: Stocking up on food, gold, weapons, ammo, books, common sense, and any other things they don’t think you can be trusted with.
Pontiac
Posted on February 15, 2012 at 3:03pmYeah, I’m not Pontiac, and whatever name I used in the signup isn’t my name either. The less personal information you give out the safer you are from identity theft, hackers, personal threats, and scams.
Hell after signing up TheBlaze emailed me my confirmation with my PASSWORD included. How stupid is that? Very. It means all the passwords are vulnerable to hackers. Make sure that password not used for anything else. Especially your email account you signed up with.
Report Post »hidden_lion
Posted on February 15, 2012 at 4:51pmPossibly doing something illegal doesn’t take away your rights. All they would need to do suspect you were up to no good and they can violate your 4th amendment right? Then I suppose they can ignore your 5th amendment, 1st, and 2nd as well. I guess you really don’t have any rights.
Report Post »Ne_FAL
Posted on February 15, 2012 at 5:19pmNot having faith in the Constitutional fidelity ,honesty ,integrity,etc of the various Federal govt, agencies political parties (both Democrats & Republicans) why wouldn’t I want to make it as difficult as I can to have the nosey bastards to snoop on me.
Report Post »I support God's Israel!
Posted on February 16, 2012 at 3:43pmTickdog:
Huh? HAVE YOU READ THE U.S. CONSTITUTION LATELY? How about the Bill of Rights?
What other liberties are you willing to give up for security? THEN, YOU DESERVE NONE.
Report Post »brickmoon
Posted on February 15, 2012 at 1:46pmBetter not order a bacon double cheeseburger using a fake name, or you can expect a visit from you-know-who — and don‘t be surprised if you find a tracking device in your kid’s bag lunch.
Report Post »Highland
Posted on February 15, 2012 at 3:59pmMichelle “Sasquatch” Obama will come after you in a heartbeat. Only she and Barry are allowed to eat cheeseburgers, wings and French fries. The rest of us will be thrown in arugula prison.
Report Post »rsanchez1
Posted on February 15, 2012 at 1:44pmThat means using a fake name or the address of the deceased person should forfeit your right to vote too, right Eric Holder? Or does this interpretation not apply to Mickey Mouse and Donald Duck?
How many other Constitutional rights are we gonna have to forfeit under this administration?
Report Post »finky555
Posted on February 15, 2012 at 2:54pmThis is seriously not a good precedent they are setting. Assuming a dead person’s id would seem to be illegal and they may have a case, but to just go by a random made up name should not even red flag someone, it is not illegal. I would concentrate more on the cell phone invasion of privacy, is that legal without warrant? Here in Canada he’d lose the privacy argument, cells signals are public domain here.
Report Post »mred33
Posted on February 18, 2012 at 8:49pmYou can probably find someone somewhere with the same name you decide to use, so if that is the case, then your name has a very good chance of being used by someone too. How many John Smith’s have you heard of??
As for giving up my constitutional rights, I don‘t remember signing anything at any time in my life that said if I do something the government doesn’t like, they can take away my rights. I would like to know where it says anything close to that in the constitution. Obama and his cronies may try and take away my rights, but there is still that nasty constitution that tells me that he has been breaking the constitution since day one of his administration. Now given that this idiot can’t follow the constitution that he has sworn to SERVE and PROTECT, what gives him or anyone else in this administration the right to take my rights away. There is nothing in that constitution that says that anyone in the country no matter who they are that can take away my rights without due process. Unless and until I am convicted of something like TREASON, then he can’t take away my rights and neither can the DOJ. Just because our sorry congress is letting him get away with this nonsense does not mean that we have put up with it. It is way past time to impeach this clown. Do you really think this clown will let us have an election this November??? Why he might loose……..
Report Post »ZeroOff4impact
Posted on February 15, 2012 at 1:39pmSo every site you enter with a user id is now subject. everything you do is now subject.
Report Post »COME BACK WITH A WARRANT !!! have a nice day.
Unless and until you demand this you will be searched. Never allow anyone to search anything without a warrant… Period.
TexBork
Posted on February 15, 2012 at 1:23pm“Should Using a Fake Name Mean Forfeiture of Fourth Amendment Rights?” Well, yes. Absolutely or my name isn’t “TexBork”.
Report Post »Micmac
Posted on February 15, 2012 at 1:22pmIt use to be every week that I would see this administration trampling on our constitution… now it’s every day.
NoBama 2012
Report Post »armorbearer
Posted on February 15, 2012 at 1:34pmIt seems more like something new every hour.
Report Post »progressiveslayer
Posted on February 15, 2012 at 1:48pmIt’s a sport for the Marxist in chief,he’s seeing how long it will take to make the constitution utterly meaningless.He‘s working hard at eviscerating the constitution and he’ll need four more years to finish off our republic.
Report Post »Rickfromillinois
Posted on February 15, 2012 at 1:14pmWho needs all of those pesky rights anyhow? It seems as though every week there is another story about the Government saying that violating our rights isn’t really violating our rights.
Report Post »tzion
Posted on February 15, 2012 at 1:14pmIf he used a fake name, wouldn’t you be able to get a warrant? Why suspend the need when you could probably convince a judge to give you one anyways? Answer, because they won’t stop here.
Report Post »SamIamTwo
Posted on February 15, 2012 at 1:11pmHey all of my screen names are fake…ROTFLAMAO.
OMG!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Report Post »Walkabout
Posted on February 15, 2012 at 5:25pmWat Tyler
Such an interesting name (The Peasants’ Revolt, Wat Tyler’s Rebellion, or the Great Rising of 1381 )
Somehow there seem to be some deja vu in the name Wat Tyler & Nat Turner. Different century same story with a few twists. Of course I am just crazy
Report Post »Wat Tyler
Posted on February 15, 2012 at 11:06pmOK I posted this benign comment once before and some jack@ss deleted it. Perhaps there’s something more sinister than meets the eye to the Spooks, like maybe you’re not supposed to think of this:
You brought up a good point @ SamIamTwo. Like Tucho Ramirez once said in “The Good, The Bad, and the Ugly”:
“One name is as good as another…It’s not good to use your real name.”
All joking aside, this brings up a serious point: Does this mean they can pursue screen names without oversight and warrants?
Report Post »cannon12pdr
Posted on February 15, 2012 at 1:08pmIf that is the case then why don’t they arrest Obama for using a fake name, meaning one that he uses now that was not legally changed.
Report Post »banjarmon
Posted on February 15, 2012 at 1:15pmAmen!!!!!!
Report Post »Miyegombo Bayartsogt
Posted on February 15, 2012 at 1:35pmIf being totally fake got you arrested, Berrick “Bad B.O.” Obama would be in maximum security.
Report Post »Kitsune
Posted on February 15, 2012 at 1:37pmYeah, but who was going to vote for “Steve Dunham”? That’s not a “progressive” “ethnic” name at all.
Report Post »babylonvi
Posted on February 15, 2012 at 3:11pmAnd fake Social Security Number.
You SURELY should be able to get a warrant for all THAT.
Report Post »Smokey_Bojangles
Posted on February 15, 2012 at 1:07pmLaw Enforcement: Judge i need a Warrant to track a phone bought under a fake name and address.
Judge: Ok.
How Hard was that?
Report Post »The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
EschatonNow
Posted on February 15, 2012 at 1:01pmSubmit Slaves ! Allah knows best. I mean Apollyon ! Same thing!
Anyway, why do you all care about the US Constitution; the South African or Bangladesh Constitutions are better ! Just ask the traitor/enemy of……err, I mean great defender of the US Constitution; SCOTUS Judge Ginsberg ! Maranatha !
Report Post »MakeCommonSense
Posted on February 15, 2012 at 12:59pmAsk any eighth grader what the Constitution and Bill of Rights say about this matter. If they cannot clearly tell you what the correct answer is, then you know what the problem is. Our children are not getting an appropriate education about the history and heritage of freedom in this country.
We have a President who didn’t grow up in America. He didn’t experience America and what it means to know freedom and pride in his country. We can see the results. Without our children learning what it used to mean to be a freedom loving American, with pride in country and self reliance, we will continue to lose all that has made America great. We will be relegated to one more “experiment” in history.
If the government knew that a phone was purchased in a “false” name, then they knew enought to get a warrant. While someone can arguably waive a right, nobody can deny them of a right… or take it away. At least not in the America I knew growing up.
Report Post »Smokey_Bojangles
Posted on February 15, 2012 at 1:08pmWe do not need lawyers,We just need people with Reading Comprehension skills! hahahha
Report Post »13th Imam
Posted on February 15, 2012 at 1:16pmAs those Lawyers the questions first.
Report Post »jb.kibs
Posted on February 15, 2012 at 1:18pmyes… this is just ridiculous…
Report Post »wtune
Posted on February 15, 2012 at 8:20pmWhat do you mean our kids aren’t getting a good educqation? They are well informed that Columbus was a genocidal mass murderer; Washington was a slave owner; Franklin was a Deist or probably an atheist; that the Indians, pardon, Native Americans were peace loving people living in perfect harmony with nature, never knowing disease until it came from Europe; that it was Republicans who fought against the Civil Rights Act rather than Tennessee Democratic Senator Albert Gore Sr. who filibustered against it; and that Bull Conners was a Republican. And lest we forget, they know thaqt the KKK is a Republican affiliate. At least that’s what their teachers and textbooks teach them.
Of course, everything above is a bold faced lie or at best, an exageration!!! But who cares about the truth when lies and inuendo forward the Progressive agenda?
Report Post »Searchingforthelight
Posted on February 15, 2012 at 12:56pmI would suppose it would be how and where you used it. Some names are nick names. Some names are used because the person using them is in the middle of a name change. On that basis alone can they stretch the truth and tape your cell phone to record you in what they piece together as incriminating evidence ? I would hope we had a better system in place to protect the United States Citizens. A would hope the system would work for us. And what judge would approve of this?
Report Post »Wouldn’t rights of information allow us to see why this was approved and who approved it.
azmomof6
Posted on February 15, 2012 at 1:13pmThe article said the name this man used was the real name of a deceased person. Did the DOJ get a warrant to track conversations in the deceased person’s name? No. Whether or not the name is real, a warrant should be legally obtained in order to spy on U.S. citizens.
Report Post »GhostOfJefferson
Posted on February 15, 2012 at 1:49pmI’m pretty certain that in “the old days” they called fake names an “alias”, and still needed a warrant regardless.
Report Post »Fus Patrol
Posted on February 15, 2012 at 12:52pmThe only time using a false name is illegal is when under Official Pice investigation, a false name DOB or social security number is then considered False Identification to Law Enforcement, a Misdemeanor in PA. The key is that you first have to have already violated the law.
Report Post »jb.kibs
Posted on February 15, 2012 at 1:15pmthe 4th amendment applies to EVERY MAN and WOMAN. ALL mankind(men) are endowed by their creator with certain unalienable rights. AMONG them are, life, liberty and the pursuit of happiness…
we either follow it or we don’t.
it either applies to everyone or it doesn’t.
no one deserves being searched without a warrant describing the places to be searched and the items and\or persons to be seized. we have an unalienable right to privacy.
A bear makes a home in a hole in the ground, you don’t have a right to invade their privacy…
you CAN invade it, but you will suffer the consequences.
this principle applies to all living things that choose to seclude themselves. do not invade privacy, do not steal from, do not physically harm, etc.. what would you like done to you? it’s really that simple people… i don‘t understand how it isn’t?
you like people to force their way into your house and look around for stuff with no legal reason?
you like people to force money from you using extortion?
you like people to force money from you at all? in any way? no matter how “well meaning” those people believe they are?
you like people forcing you to not eat, drink or smoke certain things?
you like people forcing you to protect yourself from yourself?
are you a slave or do you own yourself? owning yourself = responsibility.
Report Post »caleejr
Posted on February 15, 2012 at 12:45pmIf God gave the rights, and the amendment PROTECTS those rights – how is it the gov’t can take them away when they were charged with PROTECTING them?
Report Post »justangry
Posted on February 15, 2012 at 12:51pmA good question for all the candidates and congressmen who support the Patriot Act and NDAA.
Report Post »Smokey_Bojangles
Posted on February 15, 2012 at 1:15pmFunny you mention that Just Angry.I am Sure 98% of the folks that post here (Except Kool Aide Trolls) agree that Obama will trample the Constitution and has tried to do so…BUT…The Patriot Act,NDAA,Drug Testing,Slavery For the unemployed have all been REPUBLICAN ideas. Republicans set up the Police state in the name of “Law and Order” and“The War On Drugs” and the “War On Terror” the hand that power to people like Obama.What is it Pogo said?”"We have met the enemy… and he is us”
Report Post »progressiveslayer
Posted on February 15, 2012 at 2:00pmIt‘s not if they’re God given rights they are God given rights,but you’re forgetting a key component,our Marxist POS president is an atheist and he believes himself to be superior to the constitution,he’ll simply hand down edicts to his serfs ie forcing the Catholic church to pay for contraceptives,ignoring orders from a federal judge and on and on.The government isn’t charged with protecting our rights,the constitution protects the people from a tyrannical government,at least that‘s how it’s supposed to work.
Report Post »TSUNAMI-22
Posted on February 15, 2012 at 12:42pm“Should Using a Fake Name Mean Forfeiture of Fourth Amendment Rights?”
Report Post »~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Why should it. The president has at least three aliases so far…..not to mention the 80+ social security numbers.
SoupSandwich
Posted on February 15, 2012 at 12:45pmExactly.
Report Post »HotFixIt
Posted on February 15, 2012 at 12:41pmOnly if you are an American Citizen… leave him alone if he is here illegally… he gets to use any name or SS number he wants to obtain services and products. That is just the way it is. Crazy isn’t it!
Report Post »Mikev5
Posted on February 15, 2012 at 12:54pmIt’s sad but true if white you get tossed in the slammer for anything but any other color and you get a get out of jail free card a free lunch and a wallet full of food stamps a no doc home loan oh I forgot the free medical care don’t want to leave that out.
Report Post »Itsjusttim
Posted on February 15, 2012 at 12:40pmDoes it matter what we think really? Besides if people use a Nom De plume on the internet, then they can trample all over them.
Report Post »Itsjusttim
Posted on February 15, 2012 at 12:44pmNot that it matters to me because there isn‘t one thing I say on the internet that I don’t say in real life which is probably why I don’t have many friends, but when ya have the Lord that’s all that matters.
Report Post »Itsjusttim
Posted on February 15, 2012 at 12:46pmSay, somehow I think Hollywood saw this coming, and that’s why it must be that over the last ten years actors have suddenly started using their real names.
Report Post »DrFrost
Posted on February 15, 2012 at 12:38pmGovernment looks for any excuse to trample our rights. The constitution does not put any prerequisites on the fourth amendment. But we’ve let them get away with this sort of thing for years so they continue to take our freedoms.
Example: Where does it say that we‘re not protected against unreasonable search and seizure when we’re returning from a foreign country? But the border agents have been copying hard drives and smart phones with no warrant for years.
You have to hate freedom to want big government.
Report Post »SamIamTwo
Posted on February 15, 2012 at 12:55pmFar lefties have to have something to fight and concur…it’s in their nature…once they become part of the machine they start slapping their heads and go DOH!
Report Post »SamIamTwo
Posted on February 15, 2012 at 12:56pm“conquer”
Report Post »I.Gaspar
Posted on February 15, 2012 at 12:35pmoh boy….every day it gets worse and worse
Report Post »SamIamTwo
Posted on February 15, 2012 at 12:33pmIf the law is vague for retail purchases then no they did not forfeit their 4th amendment rights. I agree.
Report Post »