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Rita Lilita's avatar

Since 1973, courts have analyzed aerial surveillance under the Fourth Amendment by applying the test from Katz v. United States, which states that a search triggers the Fourth Amendment when a government actor violates a person’s “reasonable expectation of privacy.” The Supreme Court applied Katz to aerial surveillance three times throughout the 1980s, yet this area of the law remains unsettled and outcomes are unpredictable.

In 2012, the Supreme Court recognized an alternative to the Katz test in Jones v. United States, which held that a search triggers the Fourth Amendment when a government actor physically intrudes into a constitutionally protected space with the intent to obtain information.

The Jones trespass test can serve as a useful doctrinal tool for Fourth Amendment analysis of aerial surveillance.The benefits of Jones are its straightforwardness and simplicity. I hope there's an attorney or two in Clallam County familiar with application of the tests in the Jones case to help local clients.

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Denise Lapio's avatar

Thank you, Rita, for this information. The Auditor is elected, which means the Auditor has no over-sight except from the voting public. It's up to us to hold Rushton accountable with the use of these drones and AI devices. We can protest to the Commissioners regarding the huge expenditure of these new programs, but ultimately, any public complaint needs to be directed to Rushton.

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Jake Seegers's avatar

Good points, Denise. The commissioners approve this spending. They have the power to stand up for our privacy and reject it. Let them know how you feel. You don't get a seat at their table, but they get a seat to the one in your backyard.

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Denise Lapio's avatar

Sorry! I meant ASSESSOR for this article. Auditor is also elected.

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Jake Seegers's avatar

Thanks, Rita for sharing that history with us. It would be great to have some expert attorneys standing up for our privacy rights.

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Chris Clark's avatar

Well if this aerial analysis is so accurate, how come the county never caught a 826 sq garage, septic system and a woodshed that was built on my timber property. I went in to complain about it because I just inherited to find out that the county would file a complaint and prosecute me also.

All it is is a money grab because the commissioners don’t know how to live within their budget.

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MK's avatar

That's a unique story that doesn't bode well for the county government. You try to do the right thing and are threatened with prosecution? I don't know if that's a larger story for another time via CCWD, but on the face of it is unacceptable.

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Harold Crossley's avatar

Interesting that the County government seems quick to prosecute those they percieve as trying to decieve the County tax collectors. Yet the County prosecutor seems to have no interest in prosecuting elected officials who have obvious conflicts of interest when they vote to give money to unaccountable NGOs that those elected officials control.

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Susie Blake's avatar

nor do they desire to prosecute narcotic traffickers, but rather invite them to the health dept for free testing and consumption supplies therby directly subsidizing lucrative sales for which they pay no sales tax

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MK's avatar
1hEdited

If any of you want some of your tax dollars back and a way to deal with your taxation theft loss the NOLS is hosting a "Poetry Reading with Lesley Wheeler

hosted by Clallam County Poet Laureate and Gentle House."

"Just as fungi create new life from death, the poems in Mycocosmic explore how grief can nourish anew.

https://events.nols.org/event/14340260

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AFB's avatar

Yes, my grief from moving here 6 years ago, is nourishing my outrage at these sneaky, crooked politicians and NGOs that have ruined this place.

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MK's avatar

Have faith, the CCWD light is getting brighter.

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AFB's avatar

And fungi creates new life from OTHERs death. More like a parasite.

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Jennifer's avatar

Jake, thank you for the article. At the end, this song played in my head loud and clear

Eye In The Sky

by The Alan Parsons Project

I am the eye in the sky

Looking at you

I can read your mind

I am the maker of rules

Dealing with fools

I can cheat you blind

And I don't need to see any more

To know that

I can read your mind, I can read your mind

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Eric Fehrmann's avatar

After attending Clallam County Commissioners meetings religiously for almost two years, I feel they have us in room 101. (1984). 2 + 2 is not 4. Oh yes it is.

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Garry Blankenship's avatar

The questionnaire is a bit loaded, ( biased ? ). I can see ariel surveillance saving the cost of on site surveillance, but the questionnaire makes me agree to saying it makes me feel safe. I'm all about no new taxes. Not thrilled with being surveilled from the air, but the process seems to create more equitable taxation.

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Denise Lapio's avatar

I understand your poit. However, I am being spied on and policed because I own property. Are non-property citizens being spied on and policed as well?

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John Worthington's avatar

Great job Jake. Your contributions here are huge. Since the NGO process has all but wiped out the APA process this blog is invaluable to our community. Power and money cannot continue to control public policy like it has the last 14 years. We saw them go after Jeff as soon as they could in the charter review commission because of this blog. Its nice to have someone else pick up the baton once in a while. It helps provide a checks and balances whether the party of one likes it or not.

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RON's avatar

YOU MUST UNDERSTAND ;

TAXING ASSETS ON FUTURE GAINS IN UNCONSTITUTIONAL

WHERE IN THE CONSTITUTION IS TAX ON PROPERTY SITED?

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MK's avatar
23mEdited

Another fine article Jake. You're a valuable resource for the citizens.

A question. I'm having a hard time reconciling the amount of money spent on the technology vs. the return. Please tell me that this time, right or wrong, that the BOCCC required a "ROI" analysis before spending roughly the same amount of money on the technology that they anticipate from the levy lift? Is the levy lift a way to break even and pay for the technology?

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RON's avatar

Gold AND CASH Fights Financial Control Grid – Catherine Austin Fitts

https://rumble.com/v70hp8a-gold-fights-financial-control-grid-catherine-austin-fitts.html

https://www.bbc.com/news/articles/cn832y43ql5o

YOUR PANOPTICON PRISON AWAITS YOUR SUBMISSION

THE AMOUNT OF TYRANNY YOU ALLOW DICTATES

THE GOD GIVEN RIGHTS YOU WILLINGLY FORFEIT

=========

Nobody made a greater mistake than he who did nothing because he could do only a little.

When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle.

Edmund Burke

Let us not seek the Republican answer or the Democratic answer, but the right answer. Let us not seek to fix the blame for the past. Let us accept our own responsibility for the future.

John F. Kennedy

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.

H. L. Mencken

One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors.

Plato

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Ron Richards's avatar

Tax cheaters cheat their neighbors. Good for Pam Rushton and the County to take steps to prevent that. Jeff, you can only complain about so much until you lose all credibility.

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AFB's avatar

How DARE you call me a tax cheater! We have paid our property taxes and every other tax in this county and state. Only to see this county and state waste money on free drugs, pizza and bloated salaries! I am thankful that we have Jeff and Jake here to expose the rotten core of this county!

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MK's avatar

The height of hypocrisy, he doesn't call those who waste our tax dollars people who cheat our neighbors.

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AFB's avatar

Blind!

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Jennifer's avatar

https://www.peninsuladailynews.com/news/weekend-rewind-ron-richards-a-democrat-seeks-return-to-clallam-county-commissioner-seat/

Saturday, March 19, 2016 Peninsula Daily News: Ron Richards, a Democrat, seeks return to Clallam County commissioner seat

...Richards co-chairs the Clallam County for Bernie committee that supports U.S. Sen. Bernie Sanders for president and is a member of Protect the Peninsula’s Future and the North Olympic Group of the Sierra Club...He also chairs Save the Olympic Peninsula, which opposes the Navy’s proposed electronic warfare range over the Olympic Peninsula...“That should be one of the local government’s biggest priorities so that the local economy is not damaged by that.”

Richards said the county should not take over management of millions of acres of timber on trust lands now managed by the state Department of Natural Resources.

His wife, Nina, is the former chair of the Clallam County Democrats.

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Teresa 2's avatar

This is all we need to know about this couple. Pftttt.

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MK's avatar

The BOCCC is weighted toward activists, not representation. It's a manipulation of our representative system, fraudsters at work.

When do we get someone who will make the decisions that the people desire before their own interests?

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John Worthington's avatar

If your party had not killed the local and state economy, you would not need to be so Ebenezor about property taxes. Ron, your continiued allegiance to the globalist agenda has cost you your credibility. You'd be better served by being as Ebenezor about sales taxes and the robost economy that creates it.

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paula graham's avatar

Interesting comment… what is “the loss of credibility, exactly?” Were you looking for credulity??? Readiness to believe on little evidence??? You have greatly missed your mark with this comment. This issue of using or miss using tools isn’t new now is it.

Being informed helps everyone…. Even yourself… Jeff or Jake have shown great concern about how our county commissioners are behaving. It’s as simple as that!

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MK's avatar

I'm sure that you understand the term "fruit of the poisonous tree."

And yes, it applies to criminal matters Commissioner French.

So we all get our knickers in a knot when LE potentially violates the 4A using aerial surveillance in a manner such as low level and using enhanced technology to see more than the naked eye can, but we don't bat an eyelash when it's taxes?

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Don Beeman's avatar

Democrats don’t know any other way but cheating. Just flag their properties and don’t waste money on intrusive technologies.

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Eric Fehrmann's avatar

Ron, your statement shows the need for you to take a good long look in the mirror, or the abyss, before judging other's credibility.

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Denise Lapio's avatar

I feel violated just reading your comment, Ron. This is 360 degrees of GOVERNMENT intrusion. I just attended a counter protest to the No Kings protest. Kings spy on their subjects. This technology sounds helpful, as always, but in reality, all it does is serve as a new GOVERNMENT tool to keep its subjects IN LINE.

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MK's avatar

It's the way of the manipulators. Claim the moral high ground, but only apply the standard to one side.

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Kirsten's avatar

Keep towing your party’s line, Ron. It says more unpleasant things about your ideology & who YOU are than it does about Jeff’s credibility. He’s simply doing his due diligence for the rest of us who live here. And thank God for that.

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