Showing posts with label Fourth Amendment. Show all posts
Showing posts with label Fourth Amendment. Show all posts

Jerry Davich: Do Sobriety Checks Trample On Our Rights?

 “Those who sacrifice liberty for security deserve neither.” Ben Franklin.  Are police-conducted sobriety checkpoints a necessary law enforcement tool to remove drunken drivers from our roads? Or are they an unreasonable search of our property and an unconstitutional invasion of our rights and privacy? Hammond Police Department Lt.     ... MORE

Warrantless Vehicle Searches Approved In Pennsylvania

by Brett Hambright.               Police powers wildly expanded; 4th Amendment waylaid. Pennsylvania police officers no longer need a warrant to search a citizen’s vehicle, according to a recent state Supreme Court opinion. The high court’s opinion, released Tuesday, is being called a drastic change in citizens’ rights and police powers.       ... MORE

NSA Admits to Wrongdoing—What Now?

by Andrew Napolitano.          Who is it that protects and defends the Constitution? Last week, National Intelligence Director Gen. James R. Clapper sent a brief letter to Sen. Ron Wyden, D-Ore., a member of the Senate Intelligence Committee, in which he admitted that agents of the National Security Agency (NSA) have been reading innocent      ... MORE

The Drug War Exception To The Fourth Amendment

by Radley Balko.     A Colorado man has filed a lawsuit over a highway stop and subsequent search of his car while he was traveling through Idaho. Just inside the Idaho border with Oregon at 11:40 a.m. that day, Roseen pulled off Interstate 84 to use the toilet at the rest stop, according to the complaint and demand for jury trial. Just    ... MORE

VIDEO: Police State Checkpoints - Your Papers Please!


Local government revenue scheme runs roughshod over individual liberty.

Andrew Napolitano: Freedom For Me, But Not For Thee

The government is not us.     Initially, I was gratified to learn that Sen. Dianne Feinstein, D-Calif., the chair of the Senate Intelligence Committee, was unafraid to take on the Central Intelligence Agency (CIA) over the issue of domestic spying. The CIA is limited by its charter to stealing secrets from foreigners outside the U.S. However,   ... MORE

Damon Root: Supreme Court To Rule On Cell Phone Privacy

Will High Court say yes to warrantless searches?     The Fourth Amendment protects our “persons, houses, papers, and effects, against unreasonable searches and seizures.” That includes the cell phones in our pockets, and the many private messages, photos, and videos those devices contain. But what happens if we get arrested for a    ... MORE

ObamaCare Ruins More Than Health Care

by Richard E. Ralston.      Law helps take down privacy and liberty. No government intrusion in our lives is more direct, personal and threatening than Obamacare’s intrusion in the care of our own health. But Obamacare will harm us on a broader scale, as the underlying nature of the health law’s provisions, and the tactics used to implement     ... MORE

High Court Expands Police Power For Warrantless Searches

Sadly, the Constitution cannot enforce itself.         The Fourth Amendment generally requires the police to obtain a warrant before searching a home, though that requirement may be avoided if the homeowner consents to the search. But happens when two (or more) people reside in the same home, and only one of them consents  ... MORE

Rand Paul Announces Class-Action Suit Against NSA

from Fox News.       Sen. Rand Paul on Wednesday announced what he described as one of the largest class-action lawsuits in history, taking President Obama and top intelligence officials to court over National Security Agency surveillance.  "This, we believe, will be a historic lawsuit," the Kentucky Republican said. The suit, joined by conservative  ... MORE

More Evidence The Fourth Amendment Is Dead

Minor traffic violations cause for cell phone searches.      A judge decided last week that Oklahoma City, Oklahoma police were in the right when they downloaded information off the mobile phone belonging to Noe Vergara Wuences who was pulled over on March 22, 2012 because the temporary paper license plate on his new car      ... MORE

Amie Stepanovich: Fourth Amendment Eroded

Our Constitution can't enforce itself.       The Fourth Amendment protects Americans' right to be secure against unreasonable search and seizure. But government lawyers have argued repeatedly that this right should be limited, and the Supreme Court has often agreed. Amie Stepanovich, director of the domestic surveillance project at     ... MORE

Federal Judge Acknowledges NSA is "Almost Orwellian"

by Andrew Napolitano.     "Almost Orwellian"—that's the description a federal judge gave earlier this week to the massive spying by the National Security Agency (NSA) on virtually all 380 million cellphones in the United States. In the first meaningful and jurisdictionally grounded judicial review of the NSA cellphone spying program, U.S. District Court   ... MORE

John W. Whitehead: The End Of Private Property

In the era of the American police state.         If the government can tell you what you can and cannot do within the privacy of your home, whether it relates to what you eat, what you smoke or whom you love, you no longer have any rights whatsoever within your home. If government officials can fine and arrest you for growing    ... MORE

TSA: Parking At Airport Grounds For Warrantless Search

Bureaucratic dictate trumps 4th Amendment.             The Transportation Security Administration (TSA) has now expanded its intrusive searching protocol to include the interior of parked cars left at the airport.  Reports of vehicle searches have been reported at multiple airports since this summer. Since roughly June, airports have    ... MORE