Muslim-American says he will sue after finding tracking device
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08-03-2011, 06:44 AM
RE: Muslim-American says he will sue after finding tracking device
(08-03-2011 12:35 AM)Adin Wrote:  Every citizen has the right to file a suit if he has threats to his life . He might sue against FBI if this is the fact otherwise he should not do because without proofs he can not sue against FBI . I hope that he might have the Proofs for it .

I have no idea what this means. And, the threshold for a violation of your rights is not a threat to your life.

Every citizen has the legal right to sue the government or members of the government for violations of their civil and Constitutional rights. While the Constitution does not expressly provide for a private right of action against the government for these types of violations, Congress has long ago created sufficient legislation to both grant a private right of action as well as effectively waive sovereign immunity and any law suit will be based on that.

As for the Patriot Act, again, it does not trump 4th Amendment obligations and to the extent it does it is unconstitutional.

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When ignorance reigns, life is lost
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08-03-2011, 07:53 AM
 
RE: Muslim-American says he will sue after finding tracking device
(08-03-2011 06:44 AM)BnW Wrote:  
(08-03-2011 12:35 AM)Adin Wrote:  Every citizen has the right to file a suit if he has threats to his life . He might sue against FBI if this is the fact otherwise he should not do because without proofs he can not sue against FBI . I hope that he might have the Proofs for it .

I have no idea what this means. And, the threshold for a violation of your rights is not a threat to your life.

Every citizen has the legal right to sue the government or members of the government for violations of their civil and Constitutional rights. While the Constitution does not expressly provide for a private right of action against the government for these types of violations, Congress has long ago created sufficient legislation to both grant a private right of action as well as effectively waive sovereign immunity and any law suit will be based on that.

As for the Patriot Act, again, it does not trump 4th Amendment obligations and to the extent it does it is unconstitutional.
Typo?

One would think the sneak~a~peak warrents described in the USPA, meet the threshold for unconstitutional. Being held without access to one phone call, council, speedy arraignment or trial, smacks of same as well. Just to name two points of interest and concern.
Then again Guantanamo, before a court decision to the contrary, provided an excellent opportunity to detain without all those pesky rights guaranteed on America's mainland. While providing detention facilities coordinated, maintained and secured by American military and those in charge of facilitating national security so as to investigate persons of interests and breach to same.

It's those pesky loopholes that cause anyone with eyes to see that while what happens in the Git can be dismissed as happening only to radical Muslims and bonafide terrorists, the truth of the matter is person of interest and terrorist is relative. Meaning, any one of us could end up there. Or in the bowels of some foreign holding cell.

Some in justice think if a citizen is removed from U.S. soil, their Constitutional rights are removed as well. That's what makes those in Government who think and act on that belief, the real terrorists among us.
Ever vigilant, never naive.
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10-03-2011, 07:02 PM
RE: Muslim-American says he will sue after finding tracking device
I'm neither defending the government nor claiming there have not been abuses or violations of civil rights. On the contrary, I think there absolutely have been. My point is only that you can't violate the Constitution with an act of Congress - period. It may take a while for the courts to get to it, but that doesn't change the fact that it is a violation of law.

Oh, and for the record, when you're an American citizen your Constitutional rights, in theory anyway, apply to you in all dealings with the US government regardless of where in the world you are. Someone needs to explain that to Obama since this concept seems to be eluding him.

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When ignorance reigns, life is lost
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