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

A Bogus Warrant, A Burned Baby, And An Immoral War

by Jacob Sullum.   Bad cops manufacture probable cause. Shortly after midnight on May 28, 2014, Habersham County, Georgia, Deputy Sheriff Nikki Autry asked Magistrate Judge James Butterworth for a "no knock" warrant to search a house on Lakeview Heights Circle in Cornelia. In her application, Autry, a special agent with the Mountain Judicial   ... MORE

Feds Deploy Warrantless Database Fishing Expeditions

by Mark J. Fitzgibbons.   While focusing their resources and political energy on the NSA’s mass collection of metadata, privacy advocates have neglected the most dangerous institutionalized violations of the Fourth Amendment: administrative subpoenas. Now a United States District Court judge in Texas has ruled for the Drug Enforcement Agency        ... MORE

Feds Can Read Every Email You Opened Without A Warrant

by Zack Whittaker.     It's no longer a surprise that the government is reading your emails. What you might not know is that it can readily read most of your email without a warrant. Any email or social networking message you've opened that's more than six months old can also be accessed by every law enforcement official in government --   ... MORE

Did The TSA Agent Steal Jersey Honoring Yankee Legend From The Luggage Of His Window? She Thinks They Did.

from CBS New York.   The widow of a baseball icon was heartbroken Friday night over a missing jersey that she believes was stolen. Last month, the Yankees gave Soot Zimmer a jersey in honor of her late husband, Don Zimmer, who served as bench coach for the team for several years. But the jersey never made it back to Florida with Soot   ... MORE

Andrew Napolitano: Neither Freedom Nor Safety

Doing away with probable cause for the illusion of security. In their continuous efforts to create the impression that the government is doing something to keep Americans safe, politicians in Washington have misled and lied to the public. They have violated their oaths to uphold the Constitution. They have created a false sense of security. And   ... MORE

Arizona Court Upholds Warrantless Search At Wrong House

State lawyers in robes castrate the Fourth Amendment.     An Arizona court has upheld a woman's marijuana convictions based on a warrantless search conducted when sheriff's deputies were sent to a home in response to a 911 "hang-up" call that was treated as an emergency. The Court of Appeals on Tuesday rejected Starr Bennett's argument   ... MORE

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