CBS and Gizmodo are reporting that the Department of Homeland Security has developed a new device which uses laser-based scanning technology to search people for traces of “explosives, dangerous chemicals, or bioweapons.” Explosive and narcotics residue detection is certainly nothing new, but the ability to detect it from 164-feet away and without physical contact is nearly unprecedented in law enforcement investigation.

Developed by the private tech company In-Q-Tel, nicknamed the “Wizards of Langley,” the Picosecond Programmable Laser (PPL) is leaps and bounds ahead of the x-ray machines, millimeter wave scanners, and residue detectors the TSA currently uses in airports across the country. In contrast to the current models, which all require either direct contact or extremely close proximity to the subjects, this new device works:

by blasting its target with lasers which vibrate molecules that are then read by the machine that determine what substances a person has been exposed to. This could be Semtex explosives or the bacon and egg sandwich they had for breakfast that morning.

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Eric Lichtblau in the New York Times writes about a report from cell phone carriers in response to a Congressional Inquiry about law enforcement requests cell phone tracking warrants, subpoena and informal requests.

The report was received by Co-Chairs of the Congressional Bi-Partisan Privacy Committe., as a response to a letter written In March, 2012 to AT&T asking for information.

The reports notes a huge upswing in use of cell-phone surveillance.Even some members of Congress were suprised. [More...]

Using a profane word in public is now subject to a $20 fine in Middleborough, MA. The town's residents passed the law yesterday, at the urging of the police chief, by a vote of 183-50. The town has 20,000 residents.

How will it be enforced? At the discretion of the police.

The measure could raise questions about First Amendment rights, but state law does allow towns to enforce local laws that give police the power to arrest anyone who "addresses another person with profane or obscene language" in a public place.

Matthew Segal, legal director for the American Civil Liberties Union of Massachusetts, said the U.S. Supreme Court has ruled that the government cannot prohibit public speech just because it contains profanity.

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The next wave of Big Brother, courtesy of the DEA:

The DEA and two sheriffs are asking permission to install stationary license plate scanners on the freeway in Beaver and Washington counties. The primary purpose would be to catch or build cases against drug traffickers....

....Gary Newcomb, a supervisory IT specialist from the DEA, flew in from Virginia to testify Wednesday. He said the scanners are already in place on drug trafficking corridors in California and Texas, and the DEA is considering placing them on interstates near the Arizona cities of Kingman and Flagstaff.

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The Justice Department today announced the filing of its civil rights lawsuit against Maricopa County Sheriff Joe Arpaio and his department for engaging in racial profiling of Latinos. The New York Times has more, and background is here.

The Justice Department's December, 2011 report finding systemic profiling is here.

The President surprised me yesterday. Not about what was in his heart. I was confident about that. But in a reelection year, I did not expect the President to say what he said. Yesterday, I commented "I'm not at all sure this was the smart political play. I'm pretty sure I think it isn't. I can not imagine how we can not give him tremendous credit for this." I know I do.

It reminded me also of this:

Yesterday, no laws were passed. But it got better.

Tin soldiers and Nixon coming
We're finally on our own.
This summer I hear the drumming,
Four dead in Ohio.

Today is the 42nd anniversary of the shootings at Kent State University. The National Guard opened fired on students protesting the Vietnam War. Survivors of the shootings are again asking the Department of Justice to reopen the investigation into whether an order to shoot was given, based on a 2010 enhanced audiotape analysis in which experts concluded an order to shoot was given. [More...]

A federal judge has invalidated Governor Rick Scott's executive order that state employees be tested for drugs, finding it violates constitutional protections against unreasonable searches and seizures.

U.S. District Judge Ursula Ungaro declared that Scott’s executive order to conduct random drug tests of 85,000 state employees amounted to an “unreasonable” search under the Fourth Amendment of the Constitution. Her decision was based on U.S. Supreme Court precedents that have cited the Fourth Amendment ban on unreasonable searches, concluding that governments cannot require job applicants to take drug tests absent a “special need,” such as safety.

The lawsuit was brought by the The American Civil Liberties Union of Florida and the American Federation of State, County and Municipal Employees. The ACLU commented:

“If the state is going to require a drug test as a condition of keeping your job, it needs to have a reason. And simply being against drugs isn’t enough,”

Jose Godinez-Samperio, 25, came to the U.S. on a tourist visa with his parents when he was 9. He stayed in the U.S. (a civil infraction, not a crime), was an Eagle Scout, the valedictorian of his high school and graduated from the Florida State University law school. He fully disclosed his status on every application. Florida's Rules of the Supreme Court Relating to Admissions to the Bar do not require proof of citizenship or immigration status. But now there's an issue as to whether he, as an undocumented immigrant, can be admitted to the Bar, and the Florida Supreme Court will decide.

Many Amicus Briefs have been filed on Jose's behalf. The Dream Bar Association's brief is really good, as is the brief by three former ABA Presidents, including two who are friends of mine, Martha Barnett and Reece Smith. Jose also has the support of his Congresswoman,Kathy Castor, of Tampa: [More...]

Photo provided by ICE

ICE has arrested 3,100 immigrants in a national six-day sweep:

This six-day operation, the largest of its kind, involved the collaboration of more than 1,900 ICE officers and agents from all of ICE's Enforcement and Removal Operations' (ERO) 24 field offices, assistance from ICE Homeland Security Investigations as well as coordination with our federal, state and local law enforcement partners throughout the United States. Arrests occurred in all 50 states, the Commonwealth of Puerto Rico, three U.S. territories and the District of Columbia.

204 of those arrested will face criminal charges. Here's the fact sheet on the arrests. [More...]

The AP has released documents showing the NYPD Intelligence Division infiltrated and spied on liberal groups. Some activists are mentioned by name. The officers attended meetings, rallies and after-parties.

Here's a sample document.

More documents are available at the Associated Press website here.

The 9th Circuit Court of Appeals questions the constitutionality of Sheriff Joe Arpaio's policy of forcing male inmates to wear pink underwear.

It's a sad story. The opinion is here. The inmate, Eric Vogel, a paranoid, delusional, psychotic detainee, never convicted of any crime, is dead. Here's what happened. [More...]