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

Andrew Napolitano: Who Will Keep Our Freedoms Safe?

It won't be the government. While the Western world was watching and grieving over the slaughter in Paris last week, and my colleagues in the media were fomenting a meaningless debate about whether President Obama should have gone to Paris to participate in a televised parade, the feds took advantage of that diversion to reveal even more    ... MORE

Federal Court Upholds Unconstitutional Car Search

No warrant required. Text of the Fourth Amendment. A federal judge decided earlier this month to accept evidence from an automobile search that a state court magistrate had declared unlawful. US District Judge Jerome B. Simandle insisted that there was nothing wrong in accepting the evidence deemed tainted by the New Jersey Superior Court.   ... MORE

James Bovard: America's Fading Love Of Freedom

A very docile populace.   Tea Party protesters, some Republicans, and many libertarians perceive the federal government as a vast engine of oppression. But are anti-Obama activists mistaken in presuming that most Americans still care about freedom? A Gallup poll released in July asked a thousand Americans, “Are you satisfied or dissatisfied with your  ... MORE

DUI Checkpoints - Are They Legal & What Are Your Rights?

by Marc Saggese.       They go by a number of different names: DUI checkpoints, administrative roadblocks, mobile checkpoints, or as they are referred to by the Las Vegas Metropolitan Police Department, sobriety checkpoints. No matter the title, they all have the same effect: to allow the police to stop your vehicle for no articulable reason, ask   ... MORE

Ignorance No Excuse for Wrongdoing, Unless You’re a Cop

by John W. Whitehead.        With Orwellian irony, the U.S. Supreme Court chose December 15, National Bill of Rights Day to deliver its crushing blow to the Fourth Amendment. Although the courts have historically held that ignorance of the law is not an excuse for breaking the law, in its 8-1 ruling in Heien v. State of North Carolina, the   ... MORE

Duh! Texas Warrantless DWI Searches Are Unconstitutional

Court rules Fourth Amendment still applies.  A new rule in Texas will stop a warrantless search of a DWI suspect's blood. The Texas Court of Criminal Appeals says the move violates the Fourth Amendment. "We hold that a nonconsensual search of a DWI suspect's blood conducted pursuant to the mandatory-blood draw and implied-consent provisions in  ... MORE

Republicans Fail To Protect Citizens From NSA Snooping

from the Washington Times.      Invoking the Constitution is the common rhetoric of many politicians who swore to follow and defend it, but a lot of them have obviously never read it, or if they have, didn’t understand it. The Founding Fathers wrote it in plain English, simple enough for even a lawyer to understand, but some politicians    ... MORE

Flashback: When Presidents Respected the Constitution

by Jeffrey Folks.     “I want the people of America to be able to work less for the government and more for themselves.  I want them to have the rewards of their own industry.  That is the chief meaning of freedom.” Those words are taken from Calvin Coolidge’s Inaugural Address of March 4, 1925.  Even then, conservatives like Coolidge were battling   ... MORE

Andrew Napolitano: The Government And Freedom

Don't trust your freedom to the government.      Earlier this week, FBI Director James Comey gave an interview to "60 Minutes" during which he revealed a flawed understanding of personal freedom. He rightly distinguished what FBI agents do in their investigations of federal crimes from what the NSA does in its intelligence gathering, when the    ... MORE

NSA's Parallel Reconstruction Trumps Fourth Amendment

by Andrew Napolitano.       While the political commentators in the nation's capital are wrapped up in the debate over what to do about ISIS, and as one third of the Senate and nearly all members of the House campaign for re-election, the president's spies continue to capture massive amounts of personal information about hundreds of   ... MORE

Mississippi Can Demand Bloodletting At DUI Checkpoints

by Steve Wilson.  Your public servants at work. Vampire movies, books and TV series are all of the rage these days. Guess the Mississippi Highway Safety Patrol wanted to get in on the act. Over the long Labor Day weekend, the patrol ran a no-refusal DUI checkpoint in Oxford, home of the University of Mississippi. In a no-refusal checkpoint, a      ... MORE

Damon Root: Two Jeers For Eric Holder

His real "signature achievement."     In an interview conducted yesterday with The Daily Beast, outgoing Attorney General Eric Holder cited criminal-justice reform as his "signature achievement" as America's top law enforcement official. "After years of over-reliance on incarceration as a criminal-justice strategy, we finally started to  ... MORE

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