Showing posts with label warrantless search. Show all posts
Showing posts with label warrantless search. Show all posts

Andrew Napolitano: Saving The Fourth

The Patriot Act has a bad pedigree and an evil history. In the fearful days immediately following 9/11, the Department of Justice quickly sent draft legislation to Congress that, if enacted, would have permitted federal agents to violate their oaths to uphold the Constitution by writing their own search warrants. The draft subsequently was revealed  ... MORE

Doug Newman: They Thought They Were Fighting For Freedom But Are Now Abused By America's Police State

Veterans abused by government.    It is easy to stand up and cheer for your favorite government activity. It is quite another to acknowledge what it means in the real world. I almost never try to speak for other people. However, I think it is fairly safe to say that the average military recruit firmly believes that he joins the military so that you and   ... MORE

Sarah Longwell: A Call To Ditch Sobriety Checkpoints

Big hassle, lots of money and a tiny reward.   Americans should buckle up and brace themselves for particularly heavy traffic this Memorial Day weekend. According to estimates from AAA, more than 37 million vacationers will drive to a destination for the three-day break this year, the most in nearly a decade. Unfortunately, crowded highways  ... MORE

Illinois Finds DUI Checkpoints Both Costly And Ineffective

by David Rutter.    When last we visited the unhappy realm of drunken drivers, we were asking a valid question: What if DUI arrests are going down in Illinois because there are fewer sloshed drivers? That was true everywhere but on Lake County's non-municipal roadways where sheriff's deputies made 348 DUI arrests in 2013, the most of any county  ... MORE

Jacob Sullum: 2 Cases That Illustrate Warrantless Snooping Goes Far Beyond The NSA's Phone-Record Dragnet

If only the Fourth Amendment had teeth.     Last week a federal appeals court said police do not need a warrant to look at cellphone records that reveal everywhere you've been. Two days later, another appeals court said the National Security Agency (NSA) is breaking the law by indiscriminately collecting telephone records that show    ... MORE

The Drug War Now Features Roadside Sexual Assaults

by Jacob Sullum.      Last month the Texas House of Representatives unanimously approved a bill that requires police officers to obtain a warrant before probing the anuses and vaginas of motorists during traffic stops. The fact that the bill was deemed necessary speaks volumes about the way the war on drugs has eroded our Fourth Amendment    ... MORE

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  ... MORE

Ancestry.Com Is Now Sharing Your DNA With The Police

by Joshua Krause.    The police state just took a very dark turn. We all know that private corporations tend to side with the government on privacy issues, and they’re more than willing to hand over our information when the government asks for it. Google and Facebook are pretty well-known examples of that, and they’ve been doing it for so long   ... MORE

Federal Court Deals A Huge Blow To Cellphone Privacy

More warrantless searches for Americans ahead.        The government doesn't need a warrant to search cellphone tower location records, a federal appeals court in Atlanta has ruled. In a potentially wide-ranging ruling, the court said that because cellphone owners technically "volunteer" their location to providers when they       ... MORE

Supremes Rule 6-3 That Police Cannot Prolong Traffic Stops In Order To Instigate A Search By A Drug-Sniffing Dog

Fourth Amendment holds on by narrow margin.  Rejecting the idea that some violations of the Constitution are insignificant, the U.S. Supreme Court ruled today that police may not extend the time needed to conduct an ordinary traffic stop in order to subject the vehicle and its occupants to an examination by a drug-detecting dog unless   ... MORE

Texas Knows Sobriety Checkpoints Are Unconstitutional

by Lily Dane.        Sobriety checkpoints (or "DUI checkpoints") are roadblocks that law enforcement officers set up on roads for the purpose of catching people driving under the influence of alcohol. Some of us also think they are used to generate revenue for police departments and the State, since the stops often result in citizens being slapped     ... MORE

California Bill Requires Warrant For Stingray Searches

by Cyrus Farivar.   A toothless Fourth Amendment makes it necessary. A California state bill that would require a warrant to access all kinds of digital data passed its first hurdle after being approved by the Senate Public Safety Committee on Tuesday. Among other sweeping new requirements to enhance digital privacy, the bill notably imposes  ... MORE

Andrew Napolitano: Amendment By Consent

WHERE IS THE OUTRAGE?   Here is a short pop quiz. When Israeli Prime Minister Benjamin Netanyahu addressed Congress earlier this month about the parameters of the secret negotiations between the United States and Iran over nuclear weapons and economic sanctions, how did he know what the negotiators were considering? Israel is not a party to    ... MORE

Police State Update - Warrantless Searches: Chicago Cops Fight To Keep Cellphone Tracking Technology Secret

by Frank Main.   The Chicago Police Department is fighting to keep a lid on how, when and where officers have used covert cellphone tracking systems — with an outside law firm billing the city more than $120,000 to battle a lawsuit that seeks those secret details. Since 2005, the department has spent hundreds of thousands of dollars on       ... MORE

Should Hotel Registries Be Open To Warrantless Searches?

by Rory Little.  How does requiring a warrant interfere with surprise police searches of hotel guest registers? The first case argued Tuesday morning, City of Los Angeles v. Patel, was about whether a Los Angeles ordinance that requires motel operators to allow the police to examine hotel guest registers, without seeking a warrant first, is     ... MORE

Questions Over Missing Cash After Warrantless Search

by Kumi Tucker.     A local attorney says Albany police broke the law when they went into her client's apartment without a warrant.  Her client says he is now missing thousands of dollars in cash.  Attorney Cheryl Coleman's client, Joshua Horne, was arrested on a drug charge in June. She says police took his keys and then used them to get    See video  ... MORE

Scott Shackford: One Way To Deal With DUI Checkpoints

Police aren’t happy about it.   Warren Redlich, back in 2010, was the Libertarian Party candidate for governor of New York (Nick Gillespie even highlighted him on the blog here). Needless to say, he didn’t win. But Redlich is back in the news getting publicity for his method of dealing with police DUI checkpoints in Florida (where he lives now) while     ... MORE