Tag: North Carolina

As you read this , you are reading history. Not in the sense that it is something memorable but in the sense that it has happened. So everything that we do or say, once said or done, is in the past one nanosecond later. Think about that and now apply it to the the Fourth Amendment and warantless searches by law enforcement.   The North Carolina Court of Appeals has now applied that logic to a ruling involving the search of a defendant’s  cell phone records without a warrant (pdf) through the backdoor of warrant that was tangential to the case.

Superior Court Judge Lucy N. Inman signed the order and Detective Mitchell submitted it to AT&T, the cellular phone service provider and holder of the account associated with the phone number. AT&T provided the records of the location of the cell phone tower “hits” or “pings” whenever a call was made to or from the cell phone. AT&T sent emails of the longitude and latitude coordinates of these historical cell tower “hits” to Detective Mitchell every fifteen minutes. Detective Mitchell testified an approximately five- to seven-minute delay occurred between the time the phone “pinged” a cell phone tower and the time AT&T received and calculated the location and sent the latitude and longitude coordinates to him.

Tim Cushing at Techdirt explains how the definition of “historical” has now been twisted to violate a defendant’s civil rights:

The defendant argued that the “real time” tracking of his location violated his Fourth and Fourteenth Amendment rights (as well as analogous parts of North Carolina’s constitution). The court doesn’t buy these arguments, citing the Stored Communications Act, which allows government entities to obtain certain third party records without a warrant. It says the difference between what’s been considered unconstitutional by several courts — obtaining real-time location information with a tracking device — isn’t what’s happening here.

It argues that because the police didn’t intercept these “records,” everything is above-board, even if the sought “historical” data included two days of “records” that were created after the court order was approved.

Several courts have held the SCA permits a government entity to obtain cell tower site location information from a third-party service provider in situations where the cell tower site location information sought pre-dates the court order and where the cell tower site location information is collected after the date the court order issues. Although the former may technically be considered “historical” while the latter is “prospective” in relation to the date of the court order, both are considered “records” under the SCA. The government entity only receives this information after it has been collected and stored by the third-party service provider.

In plainer English, this means law enforcement entities can seek “historical” records from the “future,” with the mitigating factor being that the records are collected by third parties first. A short delay of a few minutes is enough to call these records “historical” under this interpretation.  [..]

While the majority’s interpretation dilutes the meaning of “historical” by including location data yet to be generated under its warrantless wing, it does point out to possible future problems with the use of Stingray devices. These have often been deployed with the same sort of court orders, but contain the ability to track individual phones in real time. Once more details on these deployments come to light, the courts will be forced to confront a plethora of Fourth Amendment violations — at least if they’re going to remain consistent with this interpretation of “historical.”

Can you hear the sound of the shredder?

First it was Wisconsin. Now it’s North Carolina that is redefining the term “battleground state.”  On one side:  a right-wing government enacting laws that are changing the face of the state. On the other:  citizen protesters who are fighting back against what they fear is a radical takeover. This crucible of conflict reflects how the battle for control of American politics is likely to be fought for the foreseeable future: not in Washington, DC, but state by state. [..]

At the heart of this conservative onslaught sits a businessman who is so wealthy and powerful that he is frequently described as the state’s own “Koch brother.” Art Pope, whose family fortune was made via a chain of discount stores, has poured tens of millions of dollars into a network of foundations and think tanks that advocate a wide range of conservative causes.  Pope is also a major funder of conservative political candidates in the state.

Pope’s most ardent opponent is the Reverend William Barber, head of the state chapter of the NAACP, who says the right-wing state government has produced “an avalanche of extremist policies that threaten health care, that threaten education [and] that threaten the poor.” Barber’s opposition to the legislature as well as the Pope alliance became a catalyst for the protest movement that became known around the country as “Moral Mondays.”

The Koch brothers aren’t the only ones who can guy a state.

State for Sale

by Jane Mayer October 10, 2011

In the spring of 2010, the conservative political strategist Ed Gillespie flew from Washington, D.C., to Raleigh, North Carolina, to spend a day laying the groundwork for REDMAP, a new project aimed at engineering a Republican takeover of state legislatures. Gillespie hoped to help his party get control of statehouses where congressional redistricting was pending, thereby leveraging victories in cheap local races into a means of shifting the balance of power in Washington. It was an ingenious plan, and Gillespie is a skilled tactician-he once ran the Republican National Committee-but REDMAP seemed like a long shot in North Carolina. Barack Obama carried the state in 2008 and remained popular. The Republicans hadn’t controlled both houses of the North Carolina General Assembly for more than a century. (“Not since General Sherman,” a state politico joked to me.) That day in Raleigh, though, Gillespie had lunch with an ideal ally: James Arthur (Art) Pope, the chairman and C.E.O. of Variety Wholesalers, a discount-store conglomerate. The Raleigh News and Observer had called Pope, a conservative multimillionaire, the Knight of the Right. The REDMAP project offered Pope a new way to spend his money.

That fall, in the remote western corner of the state, John Snow, a retired Democratic judge who had represented the district in the State Senate for three terms, found himself subjected to one political attack after another. Snow, who often voted with the Republicans, was considered one of the most conservative Democrats in the General Assembly, and his record reflected the views of his constituents. His Republican opponent, Jim Davis-an orthodontist loosely allied with the Tea Party-had minimal political experience, and Snow, a former college football star, was expected to be reëlected easily. Yet somehow Davis seemed to have almost unlimited money with which to assail Snow.[..]

Bob Phillips, the head of the North Carolina chapter of Common Cause, an organization that promotes campaign-finance reform, said that Snow’s loss signals a troubling trend in American politics. “John Snow raised a significant amount of money,” he said. “But it was exceeded by what outside groups spent in that race, mostly on commercials against John Snow.” Such lopsided campaigns will likely become more common, thanks to the Supreme Court, which, in a controversial ruling in January, 2010, struck down limits on corporate campaign spending. For the first time in more than a century, businesses and unions can spend unlimited sums to express support or opposition to candidates.

Phillips argues that the Court’s decision, in Citizens United v. Federal Election Commission, has been a “game changer,” especially in the realm of state politics. In swing states like North Carolina-which the Democrats consider so important that they have scheduled their 2012 National Convention there-an individual donor, particularly one with access to corporate funds, can play a significant, and sometimes decisive, role. “We didn’t have that before 2010,” Phillips says. “Citizens United opened up the door. Now a candidate can literally be outspent by independent groups. We saw it in North Carolina, and a lot of the money was traced back to Art Pope.”

At Bill Moyers and Company, John Light and Laura Macomber give a synopsis of events in North Carolina:

In 2012, North Carolinians elected a Republican to the governor’s office. That same year, the Republican majority in the General Assembly – first elected in 2010 – grew to a supermajority. The result was that conservatives won the power to change state law dramatically – and over this last year, they used that power. The new legislation included ending benefits for the long-term unemployed; declining the Obamacare Medicaid extension; eliminating the earned-income tax credit; and passing what some observers call the worst voter suppression law in the country. In response, those critical of the right-wing legislative agenda united around protests at the state legislature on Mondays, part of a growing citizen movement that has come to be known as “Moral Mondays.” So far, the movement, however ambitious, has done little to slow the state’s Republican majority from pushing through its agenda.

But this story didn’t start on Election Day 2012 – its roots run deep. And a similar situation could unfold in any of America’s 50 states.

The writers also provide a reading list of articles that follow the money trail that paid for redistricting and the extreme right wing legislative agenda.

A North Carolina anti-election fraud group delivered a list of nearly 30,000 names to the state board of elections insisting that the names be removed from eligible voters list because, the group claims, these voters are dead. The facts are not all of these people are dead and the group, the Voter Integrity Project, had no evidence that any voted were cast by anyone using a dead person’s name.

The board began reviewing the list last Tuesday and determined that it had almost 20,000 of the names from a 10-year audit of data from the state Department of Health and Human Services, said Veronica Degraffenreid, the board’s director of voter registration and absentee voting.

More than one third of those 20,000 names were already listed as inactive, meaning they were on track for removal from the voting rolls, Degraffenreid said. Of the remaining names provided by the Voter Integrity Project, 4,946 had a match on first and last names and date of birth, Degraffenreid said, and county election boards will investigate to see if they should be removed.

She said that of all the records submitted by the organization, 196 showed voting activity after their date of death, though many of them died within days of the election and had submitted absentee ballots. [..]

Meanwhile, cases of fraud remain rare. In 2009, the board referred 29 cases of double voting to county district attorneys, according to a board report. Since 2000, the board has referred one case of voter impersonation, the report states.

Some voters were pretty upset when they received letters from their local board of elections informing them that they were no longer eligible to vote because they were dead.

Carolyn Perry remembers voting in her first election. It was 1967 in Ohio, a municipal election, and she was 21 years old.

“The people at the polls introduced me and said, ‘This is Carolyn and this is her first time to vote,'” recalled the retired special education teacher.

Perry, who has been registered to vote in North Carolina since at least 1975, according to election records, was dismayed to receive a letter this month from the Wake County Board of Elections suggesting she may no longer be qualified to vote because she might be dead.

“My initial reaction? I was mad as hell,” Perry said Monday morning. [..]

“I’ve had some people call who have been enraged,” said Gary Sims, deputy director of the Wake County Board of Elections. Others, he says, have laughed off the errant letters. That range of reactions has been seen in other states where either official actions or similar nonprofit-driven efforts have sought to purge dead voters. [..]

Gary Bartlett, director of the State Board of Elections, said state officials discovered that the Department of Health and Human Services wasn’t reporting some deaths that occurred out of state to elections officials. Those voters are now being investigated, he said.

But Bartlett adds that neither the state nor any of the county boards have yet discovered someone who voted when they should not have as a result of the Voter Integrity Project’s submission. Bartlett says he doesn’t rule out the possibility it could happen, but he points out that election officials have access to Social Security numbers, birthdays and drivers license numbers that citizen groups cannot legally get. All of those pieces of information have been used to differentiate between those who are really dead and those who are expected to show up at the polls this November, he said.