The 4th Amendment in a Zero Privacy World

Should the government need a warrant to get information it can buy on the open market?

Spying on Ourselves

Should we expect privacy from our own cameras?

SCOTUS Strikes Down NY Gun Law

The 6-3 ruling broke down on predictable lines.

Pretextual Searches on the Interstate

Assumptions of racial animus are overshadowing a story that’s outrageous enough on its own.

Prosecutors Spying on Navy SEAL Chief’s Defense Counsel

Disturbing news in the Eddie Gallagher case.

Virginia Judge Rules Automated Collection Of License Plate Data Illegal

A Virginia Judge has ruled that automated license plate collection systems violate state law.

Tire Chalking And The Fourth Amendment

A Federal Appeals Court recently found that chalking the tires of a car parked in a public place is a violation of the Fourth Amendment. It’s not at all clear that this decision is correct.

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6th Circuit Rules Tire Marking Unconstitutional

A Federal appeals court says the traditional means of parking enforcement violates the 4th Amendment.

Regrets, Brett Has A Few, But Then Again Too Few To Mention

Brett Kavanaugh is expressing some regrets over his performance last Thursday, but it’s largely far too little, far too late.

My Case Against Brett Kavanaugh

While I was originally content to let Brett Kavanaugh sail through to confirmation, I now feel compelled to oppose his nomination to be a Supreme Court Justice.

Ford/Kavanaugh Hearing Ends With Questions, Doubts, And Only One Option

After eight hours of testimony, the only impression a non-partisan mind could be left with from the testimony of Christine Blasey Ford and Brett Kavanaugh is that we need a full investigation of the charges against the Supreme Court nominee. Unfortunately, we’re not going to get that.

Supreme Court Rules That Cell Phone Site Data Is Protected By The Fourth Amendment

In a case that pit the new rules of cyberspace against the old rules about when the Fourth Amendment protects privacy, the Supreme Court ruled today in a way that breathes new life into both privacy and the Fourth Amendment.

Supreme Court Places Limits On Automobile Exception To Fourth Amendment

Yesterday, the Supreme Court ruled that a police officer violated the Fourth Amendment when he conducted a search on a vehicle parked in a Defendant’s driveway without a search warrant.

Supreme Court Upholds Fourth Amendment Rights Of Unauthorized Rental Car Drivers

The Supreme Court ruled that the mere fact that the driver of a rental car is not listed on the rental agreement is not sufficient to justify a warrantless search of the vehicle.

Two-Thirds of Americans Live in ‘Constitution-Free’ Zone

Enforcing our immigration and drug laws comes at the cost of fundamental rights.

Supreme Court Hears Argument In Case Involving Fourth Amendment Rights And Technology

The Supreme Court heard oral argument yesterday in what could end up being a landmark case on the issue of the scope of Fourth Amendment rights in the 21st Century.

Amazon Would Like The Key To Your House

What could possibly go wrong?

Video Of Police Arresting Utah Nurse Over Blood Test Leads To National Controversy

A Nurse in Utah stood up for her patient’s rights, and was harassed by the police for her efforts.

Supreme Court Accepts Fourth Amendment Case Involving Location Tracking Of Your Smartphone

Yesterday, the Supreme Court accepted a case that will determine whether the Fourth Amendment allows law enforcement to obtain location data without a search warrant.

Supreme Court Makes It Harder For States To Keep Fines Paid By Exonerated Defendants

The Supreme Court made it harder for states to keep fines and other payments in cases where defendants are exonerated.

The Fourth Amendment Was Meant To Protect All Of Us, Not Just The “Innocent”

When it comes to the protections of the Fourth Amendment, it doesn’t matter if you’re “guilty” or “innocent,” it protects all of us.

SCOTUS Rules DUI Blood Tests Require Search Warrant, But Breath Tests Do Not

The Supreme Court balances the Fourth Amendment against public safety concerns and, for the most part, gets it right.

Once Again, The Supreme Court Stabs At The Heart Of The Fourth Amendment

The Supreme Court has once again issued a ruling that further chips away at the protections of the Fourth Amendment.

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Federal Judge Denies Request To Force Apple To Extract Data From iPhones In Drug Case

A Federal Judge in New York has denied an F.B.I. request to force Apple to extract data from iPhones involved in a Federal drug case.

Federal Judge Rules N.S.A. Mass Data Collection Unconstitutional

A Federal Judge has ruled that the N.S.A. metadata collection program is unconstitutional, but it’s unclear if the ruling will have much of an impact.

Supreme Court Bars Cops From Accessing Hotel Registries Without A Warrant

The Supreme Court ruled that police are not entitled to access to a hotel registry without a warrant.

Supreme Court Limits Ability Of Police To Use Routine Traffic Stops To Search For Drugs

In a 6-3 vote that defied traditional expectations, the Justices have limited the ability of police to detain people on the side of the road for long periods of time.

Supreme Court: Police Can Make ‘Reasonable’ Mistakes Of Law In Executing A Traffic Stop

The Supreme Court says that police who have a “reasonable” misunderstanding of the law can still pull you over.

11th Circuit Strikes Down Florida Law Mandating Drug Tests For Welfare Recipients

For the fourth time in three years, a Federal Court has ruled that Florida’s law requiring drug tests for welfare recipients is unconstitutional.

Scott Walker Wants To Drug Test Welfare Recipients, But It Doesn’t Work, And It’s Unconstitutional

A popular idea that does nothing useful while simultaneously violating the Constitution.

Virginia Judge Rules Police Can Compel Suspect To Unlock Phone Locked Via Fingerprint

The Fourth and Fifth Amendments do not prevent the police from compelling you to unlock your phone if you used fingerprint scan technology to lock it, Virginia Judge has ruled.

Court Rules Defendant Must Reveal Computer’s Encryption Password

Another area where the law has yet to catch up to technology.

Supreme Court Finds Broad Right To Privacy In Contents Of Smartphones

A unanimous Supreme Court rules that the Fourth Amendment bars police from searching your electronic device without a warrant.

Federal Appeals Court Rules Warrant Required To Track Cell Phone Location

Should the police be able to track you without a warrant? One Federal Appeals Court says no.

Previewing Another Busy June For The Supreme Court

It’s that time of year again.

Supreme Court Justices Try To Balance Technology, Privacy, And The 4th Amendment

Today’s oral argument before the Supreme Court on the issue of police searches of cell phones and smartphones left much up in the air.

Supreme Court to Rule on Cellphone Searches

The Justice Department thinks police should be able to search the smart phones of anyone arrested for anything.

Supreme Court Voids $3.4 Million Restitution Award To Child Pornography Victim

The Court gets the result right, but their reasoning will make things much more difficult for courts, defendants, and victims.

Supreme Court Further Guts The Fourth Amendment

Yesterday the Supreme Court greatly expanded the circumstances under which police can rely on anonymous tips.

Edward Snowden Declares ‘Mission Accomplished’

In a new interview, Edward Snowden explains his motives for absconding from the country with NSA secrets.

Federal Judge Rules That NSA Metadata Collection Program Likely Unconstitutional

A potentially big legal setback for a big National Security Agency program.

Pope Francis Named Time’s Person Of The Year, Edward Snowden Second

Not surprisingly, Time’s editors chose Pope Francis as Person Of The Year. However, Edward Snowden arguably would have been the better choice.

Apple’s Fingerprint ID May Make It Easier For Cops To Search Your Phone

Apple’s new fingerprint sensor. A cop’s best friend?

Drug War Using American Phone Records More Than Terror War

Prism ain’t got nothin’ on the Hemisphere Project.

TSA Expanding Beyond Airports

TheTransportation Security Administration is expanding its purview to train stations and sporting events.

Google Searches For “Pressure Cooker” And “Backpacks” Lead To FBI Visit

A husband and wife do unrelated, and perfectly innocent, Google searches, and get a visit from the FBI.

New Jersey Supreme Court: Warrant Required To Track Via Cell Phone GPS

New Jersey’s highest court gets it right.

ACLU: Police Can Read, Track, And Store Your License Plate Number Wherever You Go

New technology brings the day of round the clock tracking of citizens who’ve done nothing wrong ever closer.

FISA Court Does Job Congress Assigned It

Don’t blame “secret courts” for the government’s expanded spying on American citizens and allies.