The fourth amendment applies to states through the 14th amendment. Even if they claim its federal law, but state law, it doesn't mater as they are government actors. The 4th amendment only applies directly to federal actors, though the 14th amendment through state actors.
If you are the owner of one of the vehicles that had the feature disabled, then file a lawsuit against them. The car was advertised and sold as actually having the feature. They then disabled it, that is a pecuniary loss. Let them be exposed to discovery and explain exactly why they can't provide it?
However, there are some reasons it can't be provided:
It is too insecure and they depended on security by obscurity, which is not real security;
Doing so would would expose that they had violated patent(s) or copyright(s); or
Tinker is dead!
Look at JOHN DARIANO v. MORGAN HILL UNIFIED SCHOOL
DISTRICT, 745 F.3d 354 (9th Cir.2014).
Wearing American Flags in School is not permitted because Mexican students might object to it and become violent.
The heckler's veto won.
The contract gives them permission. However, you may prevent them from doing this. They would then have to get a court order to permit them to do come on to your property.
15 USC 7707(c)"No effect on policies of providers of Internet access service
Nothing in this chapter shall be construed to have any effect on the lawfulness or unlawfulness, under any other provision of law, of the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages."
This preempts Texas law.
The CDA also allows for the blocking of offensive content. The CDA will supersede state laws.
The giants are not being forced to take cases back to the Courtroom.
People figured out how to hoist them on their own petard, as the cost to bring thousands of arbitration actions turns out to be less than attorney fees .
I don't see why they don't bring a 42 USC 1983 action.
Even if they get the money back, I don't see why people subject to these seizures bring an action under 42 USC 1983. Under this section, you can get punitive damages.
The reports I see is that the police departments have to return the money eventually, so if they lose, there is no real harm. If they are sued for this, they give the money back, then have to pay interest and punitive damages. Then maybe they would have to think about it as when they take the $5,000 from somebody, they may end up having to pay plaintiff's attorney fees and punitive damages.
In light of Cohen v. California, 403 U.S. 15 (1971), how could anyone consider this a law that does not violate the 1st amendment through the 14th amendment?
How could the magistrate be so stupid? And don't take this question as a challenge on being more stupid.
I had a friend take in in person test, years ago, and her computer froze. The 'technicians' were even worse than the Geek Squad.
However, studying for the exam and taking the exam does cover some material not covered in the law school classes. The MBE covers a large area of law and are designed to trick you on some of the subtle exceptions. The essay questions actual make you identify the issues, know the rules, and apply reasoning to the rules. They also have a practice test where you are provided a closed library so you don't have to memorize all of the rules for it.
Most of the circuits have ruled that generally videotaping or recording the police in the performance of their duties is a first amendment right. How is that different from court proceedings open to the public?
I can see the issue in limited circumstances where there are threats made and photographs of witnesses used for those threats.
They found something. If there was nothing to find, they would not have raided the house. They found drugs, guns that had been stolen from the police evidence lockers, because 4 year olds will organize capers to steal from the police.
We know the police could never of planted anything or made a mistake.
It was one of those Muties that messed with his perception, yeah. that's the ticket. No. it was the vampire that attacked him, you can't see vampires on cameras, yeah, that''s it. No, it was a weeping angel.
So what it there is inaccuracy? Use it like it should be used, as a tool. It provides matches for a human to compare. It narrows 1,000s of subjects down to 10s.
If you want perfect accuracy, lets get rid of eyewitness identification because it is less reliable than DNA
On the post: California Sheriff, US DOJ Sued For Seizures Of Cash Generated By Legal Pot Businesses
Re: not because of federal law.
The fourth amendment applies to states through the 14th amendment. Even if they claim its federal law, but state law, it doesn't mater as they are government actors. The 4th amendment only applies directly to federal actors, though the 14th amendment through state actors.
On the post: Kia, Subaru Disable Useful Car Features, Blames Mass. Right To Repair Law
Why not sue the car companies?
If you are the owner of one of the vehicles that had the feature disabled, then file a lawsuit against them. The car was advertised and sold as actually having the feature. They then disabled it, that is a pecuniary loss. Let them be exposed to discovery and explain exactly why they can't provide it?
However, there are some reasons it can't be provided:
It is too insecure and they depended on security by obscurity, which is not real security;
Doing so would would expose that they had violated patent(s) or copyright(s); or
All three would expose them to liability.
On the post: Pennsylvania Court Reverses Student's Expulsion Over A Snapchat Post, Reminds School Students Still Have Rights
Students have no first amendment rights
On the post: Does Copyright Give Companies The Right To Search Your Home And Computer?
What does this have to copyright?
A common confusion. It is solely a contract issue.
On the post: Does Copyright Give Companies The Right To Search Your Home And Computer?
Re:Wrong, sort of.
The contract gives them permission. However, you may prevent them from doing this. They would then have to get a court order to permit them to do come on to your property.
On the post: Satire Site Gets Ridiculous Threat Letter From Baseball Team; cc's Barbra Streisand In Its Response
Did they understand?
I am not even sure that they would know about the Streisand effect.
On the post: Texas Legislature Has Another Ridiculous And Unconstitutional Content Moderation Bill; Say Goodbye To Email Filters
Prempted
15 USC 7707(c)"No effect on policies of providers of Internet access service
Nothing in this chapter shall be construed to have any effect on the lawfulness or unlawfulness, under any other provision of law, of the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages."
This preempts Texas law.
The CDA also allows for the blocking of offensive content. The CDA will supersede state laws.
On the post: U.S. Chamber Of Commerce Paying People $2,000 To Pretend Binding Arbitration Is Good
They are not being forced.
The giants are not being forced to take cases back to the Courtroom.
People figured out how to hoist them on their own petard, as the cost to bring thousands of arbitration actions turns out to be less than attorney fees .
On the post: Oklahoma Deputies Steal $141,500 From Men Trying To Buy Land, Manage To Make $10,000 Of It Disappear
I don't see why they don't bring a 42 USC 1983 action.
Even if they get the money back, I don't see why people subject to these seizures bring an action under 42 USC 1983. Under this section, you can get punitive damages.
The reports I see is that the police departments have to return the money eventually, so if they lose, there is no real harm. If they are sued for this, they give the money back, then have to pay interest and punitive damages. Then maybe they would have to think about it as when they take the $5,000 from somebody, they may end up having to pay plaintiff's attorney fees and punitive damages.
On the post: It's Time We Talk About Getting Rid Of The Bar Exam. And Here's Why.
Re:
I believe that Examsoft has the standard arbitration and waiver of all liability against them as part of the terms of use of the software.
Where this is required software for the bar exam, one could argue that it is a contract of adhesion and these provisions are not enforceable.
On the post: Superior Court Dumps BS Charges Brought Against New Jersey Homeowner For Her 'Fuck Biden' Signs
The law should not be have been written.
In light of Cohen v. California, 403 U.S. 15 (1971), how could anyone consider this a law that does not violate the 1st amendment through the 14th amendment?
How could the magistrate be so stupid? And don't take this question as a challenge on being more stupid.
On the post: Superior Court Dumps BS Charges Brought Against New Jersey Homeowner For Her 'Fuck Biden' Signs
Re: there was no backing off
There was no backing off here.
On the post: It's Time We Talk About Getting Rid Of The Bar Exam. And Here's Why.
The bar exam.
I had a friend take in in person test, years ago, and her computer froze. The 'technicians' were even worse than the Geek Squad.
However, studying for the exam and taking the exam does cover some material not covered in the law school classes. The MBE covers a large area of law and are designed to trick you on some of the subtle exceptions. The essay questions actual make you identify the issues, know the rules, and apply reasoning to the rules. They also have a practice test where you are provided a closed library so you don't have to memorize all of the rules for it.
On the post: Court Calls Bullshit On Cop Who Claimed He Could Smell Weed In Sealed Bags In A Moving Car From His Own Moving Cruiser
There is one thing I don't understand.
I can't understand how he could have smelled the pot over the bullshit comming out of his mouth.
On the post: LA Court Abusing Copyright Law To Take Down (Unauthorized) Recording Of Britney Spears Hearing
Re: Question
In the Los Angeles Superior Court, it is not a suggestion by the judge. It is posted on signs all over the courthouse.
On the post: LA Court Abusing Copyright Law To Take Down (Unauthorized) Recording Of Britney Spears Hearing
Is it really illegal?
Most of the circuits have ruled that generally videotaping or recording the police in the performance of their duties is a first amendment right. How is that different from court proceedings open to the public?
I can see the issue in limited circumstances where there are threats made and photographs of witnesses used for those threats.
On the post: Chicago PD Oversight Says Officers Racked Up 100 Misconduct Allegations During A Single Wrong Address Raid
Found nothing?
They found something. If there was nothing to find, they would not have raided the house. They found drugs, guns that had been stolen from the police evidence lockers, because 4 year olds will organize capers to steal from the police.
We know the police could never of planted anything or made a mistake.
On the post: Cop's Lies About A Traffic Stop Are Exposed By A Home Security Camera Located Across The Street
It wasn't his fault!
It was one of those Muties that messed with his perception, yeah. that's the ticket. No. it was the vampire that attacked him, you can't see vampires on cameras, yeah, that''s it. No, it was a weeping angel.
On the post: Forfeiture In Theory: TAKING DOWN DRUG LORDS! Forfeiture In Practice: Taking A Guy's TV And PlayStation During A Drug Raid
Its not long gone.
They know exactly where the stuff is, the officers' homes.
On the post: Minneapolis, Minnesota Becomes The Latest Major City To Pass A Facial Recognition Ban
Hit rates
So what it there is inaccuracy? Use it like it should be used, as a tool. It provides matches for a human to compare. It narrows 1,000s of subjects down to 10s.
If you want perfect accuracy, lets get rid of eyewitness identification because it is less reliable than DNA
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