Posts Tagged Fourth Amendment

Dear Hillary Clinton: “No Fly, No Buy” is Equally Illegal as “Stop-and-Frisk”

During the first 2016 presidential debate a couple of weeks ago, Hillary Clinton chastised Donald Trump on the unconstitutionality of so-called “stop-and-frisk” policies of urban policing (specifically in New York City).  And credit where it is due, she is right – warrantless, unprompted searches conducted upon pedestrians simply because they are in “public” clearly violates […]

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Congress Legislates Collection of Virtually All Americans’ Communications Under Guise of “Regulation”

The Congress last week passed HR 4681, also known as the Intelligence Authorization Act for Fiscal Year 2015, and has now sent this bill to the president for signature into law. Section 309 contains the following highlights: Sec. 309, (b), (3), (A): The procedures required by paragraph (1) shall apply to any intelligence collection activity […]

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Is Privacy Overrated?

According to Seventh Circuit federal appellate Judge Richard Posner, it is. He writes that privacy in the 21st century, at least in the specific context of public spaces and constantly recording surveillance cameras, is essentially an archaic and indeed dangerous notion. He even broadens this concept by agreeing with former New York City Mayor Michael […]

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Supreme Court Upholds Prohibition on Illegal Searches and Seizures of Digital Effects

Today the Supreme Court unanimously recognized and upheld the Constitution’s Fourth Amendment as proscribing warrantless searches and seizures by law enforcement of information obtainable from suspects’ cellphones, following their arrest.   Writing for the court in Riley v. California (2013), Chief Justice John Roberts states   Modern cell phones are not just another technological convenience. […]

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