The US Supreme Court has declined to hear San Diego’s appeal of California’s Compassionate Use Act. This is good news.
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Category Archives: 4th Amendment
Benefit of Doubt Goes to Cops
Thursday, January 15, 2009
The US Supreme Court just narrowed the 4th Amendment’s protections against unreasonable searches and seizures in a case called Herring v. United States. This is a case about the Exclusionary Rule. Writing for the 5-4 majority, Chief Justice Roberts argues that the mistakes of law enforcement are not serious enough in the case to justify [...]
Spy Satellites & Wall Street Bailout
Friday, October 3, 2008
This has been a dreadful week for Constitutional government in the United States. First, the government funds the National Applications Office. This is another step towards combining the US military with domestic law enforcement. Next, they enact the Wall Street bailout bill, one of the biggest crimes ever committed against the US Taxpayer.
The Anti-Counterfeiting Trade Agreement
Wednesday, September 17, 2008
The Anti-Counterfeiting Trade Agreement is the most important treaty you’ve never heard of. The big western countries are busy negotiating this big trade deal in secret. The news about ACTA that has leaked out of the negotiations is cause for concern.
Meanwhile, the US Senate Judiciary Committee has voted for a bill called The [...]FISA Court Denies Public Access
Monday, September 1, 2008
The Foreign Intelligence Surveillance Act was passed in 1978 and revised a few weeks ago. This law creates a SECRET COURT, to which the government has to go to get a rubber-stamped warrant to conduct surveillance on foreigners on US soil.
The ACLU sued to get access to proceedings held by this court. Unsurprisingly, [...]GPS & the Fourth Amendment
Thursday, August 14, 2008
Since 1967, the US Supreme Court has acknowledged that the 4th Amendment will have to evolve with the advances in technology. The case law is getting interesting.
US v. Garcia is a 2007 case from the 7th Circuit. Follow the link and have a look at the decision for yourself. You can read a [...]H.R. 6702: Strengthening the 4th Amendment
Monday, August 4, 2008
The Department of Homeland Security claims that it has the right to take away a traveler’s laptop or other electronic device, keep it indefinitely, and share the data with anybody they want, without any suspicion of wrongdoing.
House Resolution 6702, by Ron Paul and Eliot Engel, would require the Department to show reasonable suspicion [...]Strip-Searched Kid Can Sue
Saturday, July 12, 2008
Savannah Redding, a 13 year-old honor student, was strip-searched at school because a girl who already was in trouble said Savannah might be carrying ibuprofen. The 9th Circuit says Savannah has the right to sue the child molester school administrator who did it. The case raises issues in two different areas: the 4th Amendment’s protection [...]
FISA Update: Hillary Clinton Defends the Constitution
Thursday, July 10, 2008
The President signed the Foreign Intelligence Surveillance Act. This is more dreadful news for those of us who respect the rule of law. This bill gives the government even more power to collect highly personal data without a warrant or probable cause. It gives immunity the big telecommunications companies that illegally conspired with the Bush [...]
Resisting FISA
Saturday, June 28, 2008
The Foreign Intelligence Surveillance Act is a draconian bill that will make all of us significantly less safe – from the prying eyes of our own government. Not only does this bill allow the government to record all international phone calls and data messages that cross the US border, it gives the big telecommunications companies [...]