Another Takings Case in Which Law Enforcement Severely Damaged an Innocent Person's Property
In this case, an LA SWAT team destroyed an innocent store owner's shop in the process of trying to catch a suspect.
In this case, an LA SWAT team destroyed an innocent store owner's shop in the process of trying to catch a suspect.
Carlos Pena's livelihood has been crippled. It remains to be seen if he'll have any right to compensation.
Legal scholar Julie Suk argues the answer is "yes." The idea has a solid basis in natural rights theory, but is at odds with longstanding legal doctrine. It also has potentially very broad libertarian implications.
"The taxpayer must render unto Caesar what is Caesar's, but no more," wrote Chief Justice John Roberts.
A win for Geraldine Tyler, who is now 94 years old, would be a win for property rights.
Although the law did not change, regulators suddenly decided to criminalize unregistered possession of braced pistols.
The 2nd Circuit reasoned that the government hasn't necessarily taken a landlord's property when it forces him or her to operate at a loss while renting to a tenant he or she never agreed to host.
The Supreme Court has agreed to hear 94-year-old Geraldine Tyler's case challenging home equity theft.
It may sound bizarre, but yes, you can be punished at sentencing for an offense you were acquitted of by a jury.
A divided panel concludes that government officials forced to testify at Flint Water Crisis civil trial did not waive their constitutional right against self-incrimination just because they had answered questions in depositions.
Doing so qualifies as a taking requiring "just compensation" under the Takings Clause of the Fifth Amendment.
The former president may be a hypocrite, but at least he knows his own rights.
A 6–3 ruling undermines attempts to hold police accountable for misconduct.
One of Ralph Petty's victims is trying to hold him accountable, but she will have to overcome prosecutorial immunity.
Imposing a wealth tax may not even be among the enumerated powers of Congress.
Reason has joined a new legal effort seeking to force the government to unseal warrants justifying the FBI's seizure of more than 600 safe deposit boxes.
A new lawsuit from landlords argues that the CDC's eviction moratorium was a taking, and that they're entitled to compensation.
The FBI provided "no factual basis for the seizure," Judge R. Gary Klausner wrote.
Texas Gov. Greg Abbott says he stands for freedom. That doesn't apply to business owners.
"When you've done nothing wrong, you shouldn't be subjected to an investigation," says Paul Snitko, whose box was seized in a March 22 FBI raid of a Beverly Hills business.
Victims of the FBI's constitutionally dubious raid say they've been told to come forward and identify themselves if they want their stuff back.
"I've lost everything," says Vicki Baker.
A proposed bipartisan change in pretrial detention rules could free thousands annually.
Kevin McBride argues that Arizona's civil forfeiture law is unconstitutional.
Federal civil asset forfeiture bill reintroduced as police reform efforts hit a partisan wall.
It’s an attempt to bypass Fourth and Fifth Amendment protections by insisting it’s not an arrest.
Under its "crime-free housing program," Granite City, Illinois, holds tenants strictly liable for illegal activity by a household member.
Surrender the Fifth Amendment or the dog dies.
Compelled use of facial and finger recognition features runs afoul of the Fifth Amendment.
The Supreme Court should reconsider the misbegotten "dual sovereignty" doctrine.
Cases in which a majority of the Court fell down on the job.
State and local officials are doling out $4.5 billion and 1,000 acres to lure the Taiwanese manufacturing giant.
The right approach, in my view.
The Louisiana Supreme Court denied an appeal by a defendant claiming police ignored his request for a lawyer.
The 'Do Not Flush' fight provides a perfect case study in arbitrary regulation and government incompetence.
Although SCOTUS says otherwise, trying Jeronimo Yanez again for the same shooting would effectively be double jeopardy.
A man who faced federal distribution charges argued the state's possession prosecution was double jeopardy.
He gave them a password, but police say it doesn't work.
The SCOTUS nominee plumbs the peculiarities of prohibition in cases involving imitation pot and medical marijuana.
Justice Dept. threatens intervention to stop unconstituional 'investigative holds.'
Amid debate over encryption access, feds try to just sneak right through.
New Jersey state troopers said declining to answer a question is a crime.
Unlike passcodes, judges seem willing to force cooperation with authorities for access.
You'd think our constitutional expert of a president would have a better grasp of 'due process.'
Something else Donald Trump and Democrats have in common
The billionaire developer's broad view of eminent domain is good for him but bad for property rights.
The Fifth Amendment's Takings Clause now protects you from government programs that steal your food.