Stop the pernicious assault on privacy. If you plan to visit a college campus this month, don't be surprised if you see signs and placards encouraging you to "Restore the Fourth." Restore the Fourth is not about an athletic event or a holiday; it is about human freedom. The reference to "the Fourth" is to the Fourth Amendment, and it is badly in ... MORE
Showing posts with label probable cause. Show all posts
Showing posts with label probable cause. Show all posts
Andrew Napolitano: Restore The Fourth
Stop the pernicious assault on privacy. If you plan to visit a college campus this month, don't be surprised if you see signs and placards encouraging you to "Restore the Fourth." Restore the Fourth is not about an athletic event or a holiday; it is about human freedom. The reference to "the Fourth" is to the Fourth Amendment, and it is badly in ... MOREJacob Sullum: No Wonder Freddie Gray Ran From The Cops
Explaining the anger. When the cops chasing Freddie Gray caught up with him, they had a problem: He had not done anything illegal. They solved that problem the way cops often do: They picked a charge after the fact. According to Marilyn Mosby, the state's attorney for Baltimore, that charge, carrying a switchblade, was legally unfounded. Gray's ... MOREWhat If The Government Fears Freedom?
by Andrew Napolitano. What if the current massive spying on Americans began with an innocent secret executive order signed by President Reagan in 1986? What if Reagan contemplated that he was only authorizing American spies to spy on foreign spies unlawfully present in the U.S.? What if Reagan knew and respected the history of the ... MORENBC Miami: A Legal Way Around DUI Checkpoints?
You may not want to roll down your window. DUI checkpoints are used by multiple South Florida law enforcement agencies to try to keep the streets clear of intoxicated drivers. But, a local attorney says there’s a legal way around the checkpoints for any driver, while prosecutors say not so fast. “Normally what they look for is: ... MOREJim Monk: N.D. Bill Would Ban Use Of Sobriety Checkpoints
"Reasonable suspicion," what a concept! A bill in the North Dakota Legislature would prohibit the use of sobriety checkpoints. The Republican-sponsored measure says law enforcement may not perform a traffic stop unless the officer has "reasonable suspicion" of a violation. Senator Tom Campbell of Grafton says sobriety checkpoints ... 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 ... MOREJustices To Rule On Warrantless Searches Of Hotel Records
Police demand arbitrary access to hotel records. The Supreme Court agreed Monday to referee a dispute over police access to hotels' guest information without first getting a search warrant. The justices said they will hear an appeal by the city of Los Angeles of a lower court ruling that struck down an ordinance that requires hotel operators to ... MOREJerry 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. ... MOREWhat If Secrecy Trumps The Constitution?
by Andrew Napolitano. What if the National Security Agency (NSA) knows it is violating the Constitution by spying on all Americans without showing a judge probable cause of wrongdoing or identifying the persons it wishes to spy upon, as the Constitution requires? What if this massive spying has come about because the NSA found it too difficult ... MORE
Andrew Napolitano: Probable Cause Is Too Hard For NSA
Back to the days of general warrants. The demise of individual liberty. Except for the definition and mechanism of proving treason, no area of the Constitution addressing the rights of all persons when the government is pursuing them is more specific than the Fourth Amendment. The linchpin of that specificity is the requirement ... MOREObamaCare 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 ... MOREIs Flashing Your Headlights Protected Free Expression?
by Robert Patrick. But what if it inconveniences the state? The American Civil Liberties Union is hoping that a federal judge’s ruling Monday that temporarily barred Ellisville from punishing drivers for using their headlights to warn others of speed traps will itself serve as a warning to other cities who try to do the same. ACLU Legal Director ... MOREPaul Detrick: Harassed for Taking Photos
When cops can’t tell a photographer from a terrorist. In October 2009 Shawn Nee, an award-winning photographer, was stopped by officers from the Los Angeles County Sheriff's Department (LASD) while taking pictures of turnstiles in the L.A. subway. According to the officers, Nee was engaged in "suspicious terrorist activity." "I want to ... MORE
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