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.

Trump And The Federal Courts

Federal Courts continue to rule against the Administration, and the President continues to lash out at Judges and demonstrate his contempt for the Rule Of Law.

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.

St. Louis Cardinals Officials Investigated For Hacking The Houston Astros

Cardinals executives were doing a little more than just stealing signs, apparently.

Supreme Court Tosses Out Conviction For “Threats” Made On Facebook

The Supreme Court has narrowed the means by which Federal prosecutors can prosecute someone for making statements online that could be perceived as threats.

The Supreme Court Sends More Signals That It’s Ready To Strike Down Same-Sex Marriage Bans

By refusing to stay the legalization of same-sex marriage in Alabama, the Supreme Court has sent the strongest signal yet that it is ready to legalize same-sex marriage nationwide.

Federal Judge Kind Of, Sort Of Finds Obama’s Immigration Action Unconstitutional In Poorly Reasoned Decision

A Federal Judge has issued a ruling that sort of says that President Obama’s Immigration action is unconstitutional. Except it’s poorly reasoned, and apparently not legally binding on anyone.

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.

Law Enforcement Claims New Apple And Google Encryption Policies Will Hurt Investigations

The FBI and other law enforcement agencies are pushing back against Apple and Google’s efforts to provide greater privacy to users.. They’re wrong.

Unanimous SCOTUS Decisions Do Not Mean The Losing Side’s Arguments Were ‘Extreme’

We’ve seen a notable number of 9-0 Supreme Court decisions this term, but that doesn’t mean that the side that lost was making an extreme or meritless argument.

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.

Federal Judge Rules That NSA Metadata Collection Program Likely Unconstitutional

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

It’s About More Than Cell Phone Records, It’s About Liberty

The NSA’s data mining project is about more than just subpoenas for cell phone records.

Further Thoughts On The Fifth Amendment And Lois Lerner’s Supposed Waiver Of Privilege

Darrell Issa’s Committee seems headed for a battle over the Fifth Amendment.

Dzhokhar Tsarnaev, Miranda, And The Public Safety Exception

What Miranda does and does not cover and what consequences follow if police do not comply.

More Speculation On The Supreme Court Leaker

Supreme Court watchers have been speculating since Sunday night about who might have leaked confidential court information to the press.

A Different Take On The Roberts “Switched Vote” Hypothesis

There is another explanation for the sometimes confusing nature of the dissent in the ObamaCare case.

Did Roberts Switch Vote on ObamaCare Ruling?

Either the majority and dissenting opinions in NFIB v. Sebelius were among the sloppiest in Supreme Court history or the Chief Justice switched sides at the 11th hour.

Report: New Orleans Saints GM Mickey Loomis Eavesdropped On Opposing Coaches

Another potential scandal in New Orleans.

Controversy Erupts Over Employer Requests For Facebook Passwords

Like it or not, what you do online will be of interest to someone looking to hire you.

Federal Judge Orders Defendant To Reveal PGP Password To Law Enforcement

A Federal Judge deals with the clash between individual rights, law enforcement, and technology.

Party Over Country: Judiciary Edition

Perversely, highly qualified nominees for the courts are more likely to be rejected by Congress.

California Allows Police To Search Mobile Phones Without A Warrant

California’s Governor has vetoed a bill that would have reversed a very misguided decision by that state’s Supreme Court.

Supreme Court Now Likely To Hear Obamacare Appeals During Current Term

The Supreme Court is on track to issue its most anticipated ruling in years right in the middle a Presidential campaign.

Federal Appeals Court Rejects 4th Amendment Challenge To TSA “Nude” Image Scanners

A Federal Appeals Court says the full body image scanners showing up in airports are Constitutional.

Is It Proper For President Obama To Decline To Appeal The DOMA Cases?

President Obama’s decision to decline to defend Section Three of the Defense Of Marriage Act on appeal was a proper and appropriate exercise of his authority as President Of The United States.

Why The Supreme Court Is Likely To Uphold ObamaCare’s Individual Mandate

Despite yesterday’s victory for opponents of the Affordable Care Act, the prospects in the Supreme Court are not good.

Federal Judge Dismisses Lawsuit Challenging Health Care Reform Law

Another Federal Judge dismisses a Constitutional challenge to the health care reform law, and demonstrates just how unlikely it is that any of the lawsuits against the law will be successful.

Health Care Reform Faces First Courtroom Challenge

The health care reform law faced it’s first legal test in a Courtroom in Virginia yesterday.