(WASHINGTON, D.C., 3/2/11) -- The Council on American-Islamic Relations (CAIR) today filed a civil rights lawsuit against the FBI on behalf of a California Muslim who found a secret GPS tracking device that was placed on his car without first obtaining a warrant.
CAIR announced the filing of the lawsuit at a Capitol Hill news conference in Washington, D.C., attended by Yasir Afifi, the Santa Clara, Calif., student who discovered the device when he took his car in for an oil change. A friend of Afifi's posted pictures of the device online, asking if anyone knew what it was. FBI agents later demanded that the device be returned to the bureau.
The lawsuit, filed today in the U.S. District Court for the District of Columbia, states that the FBI violated Afifi's First, Fourth and Fifth Amendment rights when the bureau failed to obtain a warrant to place the GPS tracking device on his car to monitor his daily activities.
Afifi's lawsuit, which names Attorney General Eric Holder, FBI Director Robert Mueller and "unknown" FBI agents as defendants, seeks an order preventing another tracking device being attached to his vehicle without a search warrant. The requested order would also bar the FBI from using tracking devices without first obtaining a search warrant.
The lawsuit states: "Defendants' actions, orders, and authorizations, which deprived Plaintiff of his right to be free from unreasonable warrantless searches, give rise to a cause of action for damages directly under the Fourth Amendment...
"Defendants' unlawful intrusions into Mr. Afifi's life -- initiated as a result of his heritage, lawful associations, and disclosed political views -- create an objective chill on Mr. Afifi's First Amendment activities. In addition to the fear Mr. Afifi now feels when expressing his political views and maintaining certain lawful associations, Defendants' actions have deterred others from associating with him, prospective employers most notably."
Last week, CAIR's Greater Los Angeles Area chapter (CAIR-LA) and the ACLU of Southern California announced a federal class action lawsuit against the FBI for illegal surveillance of the Muslim community.
CAIR says it receives regular reports from the American Muslim community about FBI actions that are perceived as intimidating or unconstitutional. (Source)
Sunday, March 6, 2011
CAIR Sues the FBI
Not sure where I stand on this one. On the one hand, CAIR seems hell-bent on blocking investigations into the Muslim community, even though such investigations have helped foil numerous terrorist plots. On the other hand, if the law requires a warrant to place a GPS on someone's car, then investigators need to follow the law. (That, by the way, would be the difference between CAIR and me. I care about the civil rights of all Americans--including Muslims. CAIR only seems to care about the civil rights of Muslims. For instance, when police arrested us for having a peaceful discussion at an Arab festival in Dearborn, CAIR sided with the police. If it had been Muslims getting arrested at a Euro-Festival, CAIR would have instantly condemned the actions of police. The hypocrisy is obvious.)
Posted by David Wood at 4:24 PM
"For instance, when police arrested us for having a peaceful discussion at an Arab festival in Dearborn, CAIR sided with the police."
Do you mean they sided with the police by staying silent on the issue? Or did they actually make some kind of a statement that sided with the police?
CAIR-Michigan issued a statement to media saying they supported the police who arrested us.
I just heard a report on NPR regarding police use of GPS devices for tracking.
The Supreme court ruled back in the 70's that Police did not need a warrant to place a RF tracking device on a vehical. So the police have been operating under this ruling. However with the new technology of GPS the court just ruled that police do need a warrant to track via GPS.
So this is a new ruling which has not even gone to the supreme court yet. So it looks like CAIR is jumping the gun here.
I will say I am a little uneasy of police putting GPS devices to track someone with out a warrant. If its serious enough to place a device on someone that will put you with in a few feet of them, then its serious enough to get a warrant. Scary stuff.
David got a link or a blog post that has the CAIR response to your arrest?
I can't wait to find out what they suspected him of, and whether it is true.
Do we even know for sure that the FBI or any other US civil or military authority was the source of said "tracking device"?
"War is deceit" according to a rather infamous Middle-Eastern 7th century racist, misogynist, genocidal, delusional, pedophile warlord (whose name must remain unspoken for sanitary reasons).
KAFIR AND PROUD!!
CAIR would not be that stupid. These devices are documented and inventoried. I'm sure there is a serial number that links it to the FBI, with reports and notes and journal entries etc...
I'm sure before CAIR filed the suit they did their research and tracked it down to the agent or agents who placed the device. The enemy is many things but stupid is not one of them.
"FBI agents later demanded that the device be returned to the bureau."
I think that says it all. But the thing is this was legal up until a few weeks ago. So I don't know what kind of suit they will have.
@ Radical Moderate - your points are well taken. However, I still am not satisfied that the device was installed by an FBI operative. I still am not satisfied that the device was really only "discovered" on the vehicle of the plaintiff. Perhaps all of this will come out in court but I would never put it passed C.A.I.R. to try to create a "victim" 1) for the sake of trying to intimidate our FBI or 2) hoping to make a news headline prior to the hearings on Muslim "radicalization".
Indeed, C.A.I.R. may not be stupid but they are not above deceit. Like you, I hope the truth will out.
May the devil take ALL of Islam and C.A.I.R. and may the Lord Jesus Christ set the precious Muslim people FREE to be full citizens in the Kingdom of Heaven!
KAFIR AND PROUD!
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