updated Mon. April 8, 2024
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Law.com
March 31, 2018
The court, as a matter of state constitutional law, adopted Whren v. United States, 517 U.S. 806 (1996), in which the U.S. Supreme Court rejected the argument that pretext stops were unlawful. In Robinson, the court held that a pretext stop is valid as long as a police officer has probable cause to believe thatÃâà...
Salon
March 24, 2018
George H.W. Bush and Bill Clinton sold us on the idea that we no longer needed a manufacturing economy in the U.S. because the internet was coming ... While the Fourth Amendment protects us from snooping and spying by the government without due process, nothing in the Constitution protects us fromÃâà...
Bitsonline
March 24, 2018
In the face of a potential government shutdown, the United States has just passed an omnibus spending bill. The problem? ... Detractors are saying the troubling legislation mismanages power and eviscerates the privacy guarantees provided by the Fourth Amendment of the U.S. Constitution. ThoughtÃâà...
Washington Times Herald
March 24, 2018
No, if you want to uproot the glue that binds this nation of laws, then let us do so as the framers showed us how to clearly, concisely and lawfully through Article Five in the Constitution and not by mobs of marching schoolchildren being led by want-to-be subjects, and cheerleaders like Primus Mootry.
Law.com
March 23, 2018
Ray, 386 U.S. 547 (1967), in which the Supreme Court held that in a common law suit, “a peace officer who arrests someone with probable cause is not .... Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States,Ãâà...
The San Diego Union-Tribune
March 23, 2018
Years after a controversial raid at a San Diego strip club sparked a national conversation about constitutional rights, a federal judge ruled that the city ordinance governing how police go about inspecting the clubs violates the First Amendment. U.S. District Judge James Lorenz ruled last week that aÃâà...
YES! Magazine
March 23, 2018
The ACLU and other constitutional scholars have long argued that the 100-mile zone violates Fourth Amendment protections against unreasonable search and seizure, but the U.S. Supreme Court has consistently upheld it. The warrantless bus raids have mobilized organizations and grassroots efforts toÃâà...
The Tennessean
March 21, 2018
One of the major bulwarks of individual liberty in the United States of America is the Fourth Amendment, which protects people from “unreasonable ... However, in the modern era, the U.S. Supreme Court dangerously reduced Fourth-Amendment protections by creating exceptions to the exclusionary rule.
Reason
March 15, 2018
The difficult question is identifying authorization: Questions of constitutional structure suggest different defaults for enforcement of federal and state law. Outside the Fourth Amendment, governments can enact statutes that limit how their own officers enforce other laws. The scope of federal power to limitÃâà...
EFF
March 14, 2018
This backdoor would deny us meaningful judicial review and the privacy protections embedded in our Constitution. ... data stored in the United States, directly from U.S. companies, without following U.S. privacy rules like the Fourth Amendment, so long as the foreign police are not targeting a U.S. person orÃâà...
ABA Journal
March 8, 2018
Again, this year, there are a number of Fourth Amendment cases before the U.S. Supreme Court that have the potential to significantly change the law and ... United States is whether the Fourth Amendment, which prohibits unreasonable searches and arrests, requires that the police obtain a warrant toÃâà...
Sputnik International
March 8, 2018
Sputnik spoke exclusively to constitutional lawyer and president of the Rutherford Institute John Whitehead, who said that in his view the FBI are breaching the rights of their targets by using Geek Squad employees. Whitehead explained that the Fourth Amendment provisions of the US constitution onlyÃâà...
Law.com
March 7, 2018
The U.S. Supreme Court is set to hear the case of a Pennsylvania woman whose home, allegedly situated on an ancestral burial ground, was deemed ... to open their grounds to the public violates the Constitution by permitting unrestrained searches of private property in violation of the Fourth Amendment,Ãâà...
LSU Now
March 7, 2018
It is hypocritical for U.S. citizens to accuse any gun reform as infringement of the Second Amendment, but stay silent when minorities lose their Fourth Amendment rights through methods like the Patriot Act and “broken windows” policing. Advocates of a strict constitution protest government intervention inÃâà...
The National Law Review
March 3, 2018
The Supreme Court held that the Superior Court's decision contravened U.S. Supreme Court precedent in Riley v. California and United States v. Wurie ... to compel the conclusion that the police violated Fulton's federal Fourth Amendment rights, it did not reach Fulton's Pennsylvania constitutional claim.
ConservativeHQ
March 2, 2018
Natural Resource Defense Council, 467 U.S. 837 (1984). The scope of power and size of the administrative ... The Fourth Amendment to the United States Constitution states, “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation.” If one views CIDs as writs to search papers,Ãâà...
The Hill
March 2, 2018
Kennedy interprets the Constitution with an eye toward the practical effects of the court's rulings, as when he wrote for the majority just two terms ago upholding state-sponsored affirmative action in higher education. Roberts has an eye on how constitutional decisions may affect the court's legitimacy, as heÃâà...
Law.com
March 2, 2018
21, 2018, is whether powering on a cellphone to gather evidence, without a warrant, violates the Fourth Amendment to the U.S. Constitution and Article I, Section 8 ... Prior to the decision in Riley, federal appellate courts were deeply split on the application of constitutional protections to modern technology.
Mondaq News Alerts
March 2, 2018
It's only a matter of time before the Supreme Court will have to grapple with the vexing constitutional issues raised with increasing drone usage. ... people from non-governmental actors; and (2) the Fourth Amendment to the Constitution, which protects the public from governmental invasions of privacy.
The Hill
March 2, 2018
May the government monitor your internet habits or the location of your cell phone without a warrant? The United States Supreme Court will soon decide. This year, the court could decide as many as three cases involving the scope of the Fourth Amendment in the digital age. If the oral arguments in theseÃâà...
Cincinnati.com
February 14, 2018
The Constitution of the United States does not apply to non-citizens, but citizenship matters and Americans are supposed to be protected by the ... In 1978, Congress passed FISA to establish procedures that protect the privacy rights of U.S. persons when they are being monitored for the purpose ofÃâà...
HuffPost
December 31, 1999
U.S. Border Patrol agents detain men in Roma, Texas, last May after they entered the U.S. by crossing the Rio Grande from Mexico. ... and immigration policies, he is exploiting that same anti-immigrant fervor to chip away at our Fourth Amendment protections against unreasonable searches and seizures.
Law.com
December 31, 1999
In a divided ruling, the majority of the U.S. Court of Appeals for the Fifth Circuit panel said the family had no constitutional standing to sue the border patrol ... constitution, will be unfettered by the Fourth Amendment constraint on excessive force,” said Hilliard, of Hilliard Martinez Gonzales in Corpus Christie.
The Federalist
December 31, 1999
Just as the First Amendment protects modern communication and just as the Fourth Amendment applies to modern forms of search, the Second Amendment extends to guns that were not in existence at the time of the founding. Unlike contemporary liberal columnists who'd like to revise the Constitution, theÃâà...
