Written by administrator on May 3rd, 2012
Town challenged on cellphone ban, parking ordinance
News from Chicago Tribune:
CHAPEL HILL —
A judge has issued a temporary restraining order to block enforcement of the town’s ban against motorists using cellphones while driving and recent amendments to the town’s towing ordinance that went into effect Tuesday.
In granting the order, Superior Court Judge Orlando Hudson said the plaintiff, George’s Towing and Recovery of Chapel Hill, has a “very strong likelihood of success on the merits, and unless defendant is so restrained, plaintiff will suffer irreparable harm.”
The town’s cellphone law, which was adopted in March, is scheduled to take effect June 1.
A hearing on the matter has been set for May 7 at 9:30 a.m. in Orange County.
“The town will have an opportunity to appear at that time and respond at a hearing on a preliminary injunction concerning these matters,” Town Attorney Ralph Karpinos said in a statement Wednesday afternoon.
Karpinos has said he believes the cellphone ban would be defensible in court.
Councilwoman Penny Rich, who led the effort to adopt the cellphone ban, declined comment on Wednesday due to pending litigation against the town.
Meanwhile, Thomas Stark, attorney for George King’s towing company, said his client’s ability to use cellphones is critical to the operation of his business and virtually mandated by the towing ordinance, which require…………… continues on Chicago Tribune
Obama administration urges freer access to cellphone records
News from Reuters:
WASHINGTON (Reuters) – The U.S. Congress should pass a law to give investigators freer access to certain cellphone records, an Obama administration official said on Thursday, in remarks that raised concern among advocates of civil liberties and privacy.
Jason Weinstein, a deputy assistant attorney general in the Justice Department’s criminal division, argued that requirements for warrants at early stages of investigations would “cripple” prosecutors and law enforcement.
The U.S. Supreme Court ruled this year that a warrant was needed to put a GPS satellite tracking device on a suspect’s vehicle, prompting questions about other instances where probable-cause warrants should be needed to obtain information in the rapidly changing world of mobile devices.
Federal courts around the country are split on whether to require warrants for records of phone usage collected at…………… continues on Reuters
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