Government Agencies: Warrant? We Can’t Be Stopped because No Warrant!

Government agencies are claiming they don’t need a warrant to read your email, and requiring a warrant is a burden. I really don’t understand why we can’t make this kind of opposition a matter for immediate deposition from office. When agencies complain about needing to get a warrant, they are claiming they shouldn’t have to obey the fundamental law of the United States. From the National Journal: “Agencies Say They Need Access to Americans’ Emails Without a Warrant.” The law Read more […]

The U.S. Is Special; Our Search Warrants Give Us Access to Private Properties in Foreign Countries

Up until now, if you wanted to search the home or workplace of someone in another country you had to arrange it with the foreign government. According to Reuters, a judge decided that was too “burdensome.” In what appears to be the first court decision addressing the issue, U.S. Magistrate Judge James Francis in New York said Internet service providers such as Microsoft Corp or Google Inc cannot refuse to turn over customer information and emails stored in other countries when issued a valid Read more […]

‘We Don’t Need No Stinkin’ Warrants’

If you have a cellphone, police can use it to track your location any time they want without a warrant. That’s the opinion of the Fifth Circuit Court of Appeals, supporting earlier rulings by two other appeals courts. According to the ruling, cell phone users can expect no Fourth Amendment protection regarding their records because the cell phone company already keeps that information for its own use. This data “clearly is a business record,” the court said, and police do not even require probable Read more […]

Police No-Knock Raid Justified by Suspicion of Gun in House

The Fourth Amendment to the United States Constitution states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Like the rest of the Constitution and Bill of Rights, our governments, local, state and federal have Read more […]

Judge Rules Against NYPD’s “Stop And Frisk”

The NYPD’s “stop and frisk” policy is under fire after a U.S. District Judge ruled them unconstitutional. In 3 separate lawsuits all pertaining to this practice, Judge Shira Scheindlin condemned the city’s “deeply troubling apathy towards New Yorkers’ most fundamental constitutional rights.” She ordered the NYPD to cease performing their trespass stops unless they had reasonable suspicion that led them to believe that someone was aboutto commit a crime, was in the process of committing Read more […]