Dallas Voters Nix an All-Purpose Excuse for Police Harassment: 'I Smelled Marijuana'
The ballot initiative says a whiff of weed does not establish probable cause for a search or seizure, which was already doubtful in light of hemp legalization.
Fourth Amendment
Nearly Five Years After Breonna Taylor's Death, Justice Remains Elusive
A long-delayed conviction illustrates the difficulty of holding cops accountable for abusing their powers.
Cop Who Fired Blindly Into Breonna Taylor's Home Is Convicted of Violating Her Constitutional Rights
Former Louisville detective Brett Hankison is one of four officers who faced federal charges after a deadly 2020 drug raid.
After 100 Years, End the Open Fields Doctrine
Federal agents are allowed to search private property without a warrant under this Prohibition-era Supreme Court precedent.
Chip Mellor's Legacy Promotes a Broader Concept of Civil Liberties
For more than three decades, the Institute for Justice has shown that economic freedom and private property are essential safeguards for ordinary Americans.
Former Houston Drug Cop Gets 60 Years for His Deadly Lies
That amounts to a life sentence for Gerald Goines, who instigated the no-knock raid that killed Dennis Tuttle and Rhogena Nicholas by falsely accusing them of selling heroin.
A Texas Cop Endangered Himself by Jumping Onto a Moving Car. Then He Shot the Driver.
The Supreme Court will review a 5th Circuit decision that let the officer off the hook without considering the recklessness that turned a routine traffic stop into a deadly encounter.
A Houston Drug Cop's Murder Conviction Highlights the Potentially Deadly Consequences of 'Testilying'
Similar scandals across the country suggest the problem is widespread.
Alabama Pastor Can Sue the Cops Who Arrested Him For Refusing To Show His ID
A federal judge rejected the officers' claims of qualified immunity.
Former Houston Drug Cop Convicted of Murder After His Lies Resulted in Two Deaths
The jury accepted the prosecution's argument that Dennis Tuttle and Rhogena Nicholas died because of Gerald Goines' fraudulent search warrant affidavit.
Jurors Weigh Murder Charges Against Former Houston Drug Cop Who Lied to Justify a Deadly Home Invasion
But for Gerald Goines' lies on a search warrant affidavit, prosecutors argued, Dennis Tuttle and Rhogena Nicholas would still be alive.
A Movie Mirrors the Stranger-Than-Fiction Reality of Civil Asset Forfeiture
The outrageous seizure at the center of Rebel Ridge resembles real-life cash grabs.
Tyreek Hill's Violent Traffic Stop Shows Wider Police Problems in Miami
In body camera footage from Hill's arrest, Miami-Dade officers intimidate bystanders and invoke a law that hasn't gone into effect yet.
Houston Officials Trusted a Dishonest Drug Cop for Decades Before His Lies Killed 2 People
But for a disastrous raid, narcotics officer Gerald Goines would have been free to continue framing people he thought were guilty.
Houston Cop Who Lied To Justify a No-Knock Drug Raid Says He Is Not Responsible for the Resulting Deaths
Former narcotics officer Gerald Goines faces two murder charges for instigating the home invasion that killed Dennis Tuttle and Rhogena Nicholas.
How Post-Arrest DNA Swabs Threaten Innocent People's Privacy
Most states collect DNA from felony arrestees pretrial. They should need a warrant to do so.
Federal Judge Highlights the Hazards of Reckless Drug War Tactics
The ruling notes that Breonna Taylor’s death resulted from the "late-night, surprise manner of entry."
Why a Federal Judge Dismissed 2 Felony Charges Stemming From the Drug Raid That Killed Breonna Taylor
U.S. District Judge Charles Simpson concluded that the alleged facts did not support penalty enhancements for violating the Fourth Amendment but left several other charges in place.
Wearing a "Military-Style" Tactical Vest to School Isn't a Crime
The Eighth Circuit held that plaintiffs had adequately alleged that school resource officers lacked probable cause to arrest them; note that nothing in the court's decision casts doubt on the school's ability to investigate or even briefly detain the students short of arrest.
The Feds Are Skirting the Fourth Amendment by Buying Data
The government needs a warrant to spy on you. So agencies are paying tech companies to do it instead.
Police Cannot Seize Property Indefinitely After an Arrest, Federal Court Rules
Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
NFL's Facial Recognition Technology Sparks Fears of Fan Surveillance
Personal data retained by government or private entities are always at risk of compromise, misuse, or access by law enforcement.
Case Over Handcuffing and 30-Minute Detention of Concealed Carry Permit Holder Can Go Forward
"[A] person in possession of a firearm and a facially valid permit for that firearm had a clearly established right to be free from the kind of forcible and prolonged detention to which Soukaneh was subjected, absent any objective reason to suspect that the permit was forged or otherwise invalid."
Comedian Hannibal Buress's False Arrest Lawsuit Can Go Forward
"Roast[ing]" police officers may not generally be wise, but it is still generally constitutionally protected.
Pit Stop Policing Transforms Traffic Violations Into High-Stakes Drug Hunts
South Carolina's Operation Rolling Thunder targets cash and contraband but harasses guilty and innocent travelers alike.
The FBI Raided This Innocent Woman's House. Will She Ever Get Justice?
Thus far, the courts have barred Curtrina Martin from asking a jury for damages. She is appealing to the Supreme Court.
South Carolina Cops and Courts Rig the Game Against Drivers
An uneven playing field allows the aggressive tactics and legal loopholes that turn traffic stops into cash grabs.
Inside the Unchecked Bus Searches by South Carolina Police
Routine searches of commercial buses violate privacy, target low-income passengers, and result in widespread violations.
South Carolina Cops Target Out-of-State Drivers for Highway Robbery
No arrest necessary as South Carolina police hunt for cash
Operation Rolling Thunder: The Shocking Truth Behind Spartanburg's Traffic Stops
A 21-month legal battle unveils the dark side of South Carolina's annual traffic crackdown.
Courts Close the Loophole Letting the Feds Search Your Phone at the Border
Customs and Border Protection insists that it can search electronics without a warrant. A federal judge just said it can't.
She 'Came at Me With Boiling Water,' a Cop Charged With Murder Claims, Contradicting What Video Shows
An Illinois sheriff's deputy with a spotty employment history shot Sonya Massey in the face after responding to her report of a prowler.
The DEA Claims To Be Able To Search Your Bag Without Your Consent. But Can They?
Recent footage shows a federal agent attempting to search a citizen’s bag without their consent, despite precedent saying that’s illegal.
Tennessee Will Not Appeal Ruling Over Wildlife Agents Planting Cameras
While the decision is great news for Tennesseans, it's only the first step in reclaiming Americans' property rights against the open fields doctrine.
Baltimore Brings Back Controversial Cellphone Hacking System
A year after a court told Maryland police that Cellebrite searches were too broad, Baltimore quietly resumed using the software.
When the Government Came for Florida's Orange Trees
The state cut down private fruit trees and offered gift cards as compensation. It didn't solve the citrus canker problem.
A Federal Judge Rejects the Lame Excuses of Texas Cops Who Kidnapped a Supposedly 'Abandoned' Teenager
The decision clears the way for a jury to consider Megan and Adam McMurry's constitutional claims against the officers who snatched their daughter.
Illinois License Plate Cameras Are Violating People's Constitutional Rights, Says New Suit
The plaintiffs are challenging the state's widespread surveillance, which it collects through over 600 cameras.
Justice Department Says Phoenix Police Violated Rights of Children, Minorities, Protesters, Homeless People
Phoenix police are trained that "deescalation" means overwhelming and immediate force, whether or not it's necessary.
A Missouri Police Officer Shot a Blind and Deaf Dog. Now He's Being Sued.
The town of Sturgeon initially defended the officer, saying he was afraid of being bitten by the 13-pound blind and deaf Shih Tzu.
Here's How the CIA Plans To Use Your Ad Tracking Data
The intelligence community is admitting that info from data brokers is sensitive but isn’t accepting hard limits on how to use it.
Florida Police Departments Spent Thousands on Training Seminars Banned in 9 States
A New Jersey government watchdog said Street Cop Training instructors glorified violence, made discriminatory remarks, and offered unprofessional and unconstitutional advice to officers.
California Cops Locked an Innocent Man in a Sex Offender Unit for 3 Days
Victor Manuel Martinez Wario was jailed for a total of five days, spending three of those in special housing for sex offenders.
A Texas Reporter Busted for Asking Questions Asks SCOTUS To Reject the Criminalization of Journalism
Priscilla Villarreal is appealing a 5th Circuit decision that dismissed her First Amendment lawsuit against Laredo police and prosecutors.
Appeals Court Rules That Cops Can Physically Make You Unlock Your Phone
The 9th Circuit determined that forcibly mashing a suspect's thumb into his phone to unlock it was akin to fingerprinting him at the police station.
Biden Opposes Bill That Would Keep Cops and Feds From Buying Your Data
The Fourth Amendment Is Not For Sale Act would prevent law enforcement and intelligence agencies from purchasing data that they would otherwise need a warrant to obtain.
Congress Does Not Come Back With a Warrant
Plus: A listener asks the editors for examples of tasks the government does well (yikes).
Donald Trump's Cowardice Over Warrantless Spying
"I told everybody, 'Do what you want,'" Trump said on Friday night, as he let the deep state win again.
