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.
Fifth Amendment
A SWAT Team Destroyed an Innocent Man's Shop. Then the City Left Him With the Bill.
Carlos Pena's livelihood has been crippled. It remains to be seen if he'll have any right to compensation.
Are Abortion Bans Takings?
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 County Sold Her Home Over Unpaid Taxes and Kept the Profit. SCOTUS Wasn't Having It.
"The taxpayer must render unto Caesar what is Caesar's, but no more," wrote Chief Justice John Roberts.
The Government Stole Her Home Equity Over an Unpaid Tax Bill. Will the Supreme Court Vindicate Her?
A win for Geraldine Tyler, who is now 94 years old, would be a win for property rights.
A Texas-Backed Lawsuit Argues That the ATF's Pistol Brace Rule Is Arbitrary and Unconstitutional
Although the law did not change, regulators suddenly decided to criminalize unregistered possession of braced pistols.
Federal Appeals Court Rejects Rent Control Challenge, Says Government Has Wide Powers To Regulate Land Use
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.
They Fell Behind on Their Property Taxes. So the Government Sold Their Homes—and Kept the Profits.
The Supreme Court has agreed to hear 94-year-old Geraldine Tyler's case challenging home equity theft.
Sentencing Commission Proposes Restricting Judges' Use of Acquitted Conduct
It may sound bizarre, but yes, you can be punished at sentencing for an offense you were acquitted of by a jury.
Sixth Circuit Holds Deposition Testimony Does Not Waive Fifth Amendment Right Against Self-Incrimination
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.
Sixth Circuit Rules Government Cannot Seize $300,000 in Home Equity to Pay $22,000 Tax Debt
Doing so qualifies as a taking requiring "just compensation" under the Takings Clause of the Fifth Amendment.
Donald Trump Pleads the 5th After Years of Saying Only Guilty People Do That
The former president may be a hypocrite, but at least he knows his own rights.
SCOTUS Says You Can't Sue the Cops for Violating Your Miranda Rights
A 6–3 ruling undermines attempts to hold police accountable for misconduct.
For 20 Years, This Prosecutor Had a Secret Job Working For the Judges Who'd Decide His Cases
One of Ralph Petty's victims is trying to hold him accountable, but she will have to overcome prosecutorial immunity.
Democrats' Proposed 'Billionaire Tax' Is Definitely a Wealth Tax, and It May Be Unconstitutional
Imposing a wealth tax may not even be among the enumerated powers of Congress.
FBI Seized $900,000 From Safe Deposit Box on 'Pure Conjecture,' Federal Judge Says
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.
Should Taxpayers Be on the Hook for All Rental Debt Accrued During the Pandemic?
A new lawsuit from landlords argues that the CDC's eviction moratorium was a taking, and that they're entitled to compensation.
Judge Orders FBI To Halt Forfeiture of Cash, Jewelry From Safe Deposit Boxes
The FBI provided "no factual basis for the seizure," Judge R. Gary Klausner wrote.
In a Rush To Ban Vaccine Passports, Texas Is Violating Private Property Rights
Texas Gov. Greg Abbott says he stands for freedom. That doesn't apply to business owners.
The FBI Took Their Safe Deposit Box and Everything Inside It. Two Months Later, They're Still Waiting for It To Be Returned.
"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.
The FBI Seized Heirlooms, Coins, and Cash From Hundreds of Safe Deposit Boxes in Beverly Hills, Despite Knowing 'Some' Belonged to 'Honest Citizens'
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.
A SWAT Team Destroyed This Innocent Woman's House While Chasing a Fugitive. The City Refuses To Pay for Damages.
"I've lost everything," says Vicki Baker.
A New Bill Would Stop the Feds From Tossing Drug Defendants in Prison Before They're Convicted
A proposed bipartisan change in pretrial detention rules could free thousands annually.
The Cops Took This Guy's $15,000 Jeep Because His Girlfriend Allegedly Used It for a $25 Marijuana Sale
Kevin McBride argues that Arizona's civil forfeiture law is unconstitutional.
Rand Paul Tries (Again!) To Make It Harder for Police To Take Your Stuff
Federal civil asset forfeiture bill reintroduced as police reform efforts hit a partisan wall.
Kentucky Lawmaker Wants To Give Police the Power to Detain People Who Don't Answer Their Questions
It’s an attempt to bypass Fourth and Fifth Amendment protections by insisting it’s not an arrest.
The City Wants to Evict This Family Because a House Guest Committed a Crime They Didn't Know About Somewhere Else
Under its "crime-free housing program," Granite City, Illinois, holds tenants strictly liable for illegal activity by a household member.
The FBI Hopes These Cute Puppies Will Distract You From Unconstitutional Civil Asset Forfeitures
Surrender the Fifth Amendment or the dog dies.
Judge Rules Police Cannot Require People to Unlock Their Own iPhones With Thumb or Iris
Compelled use of facial and finger recognition features runs afoul of the Fifth Amendment.
Stop Ignoring Double Jeopardy
The Supreme Court should reconsider the misbegotten "dual sovereignty" doctrine.
The 5 Worst Supreme Court Rulings of the Past 50 Years
Cases in which a majority of the Court fell down on the job.
Trump, Ryan, and Walker Want to Seize Wisconsin Homes to Build a Foxconn Plant
State and local officials are doling out $4.5 billion and 1,000 acres to lure the Taiwanese manufacturing giant.
Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules
The right approach, in my view.
He Said He Wanted a 'Lawyer[,] Dog'; The Court Ruled That Was Too Vague
The Louisiana Supreme Court denied an appeal by a defendant claiming police ignored his request for a lawyer.
D.C. Threatens to Punish Manufacturers for Failing 'Flushability' Standards It Won't Define
The 'Do Not Flush' fight provides a perfect case study in arbitrary regulation and government incompetence.
Should the Cop Who Killed Philando Castile Face Federal Charges?
Although SCOTUS says otherwise, trying Jeronimo Yanez again for the same shooting would effectively be double jeopardy.
Montana Supreme Court Cites Biggie Smalls, N.W.A., Scarface
A man who faced federal distribution charges argued the state's possession prosecution was double jeopardy.
Florida Man Jailed 180 Days for Not Giving Police His iPhone Password
He gave them a password, but police say it doesn't work.
Neil Gorsuch Sympathizes With Drug Dealers
The SCOTUS nominee plumbs the peculiarities of prohibition in cases involving imitation pot and medical marijuana.
Meet the Community in Louisiana Where Police Throw People in Jail First and Then Investigate
Justice Dept. threatens intervention to stop unconstituional 'investigative holds.'
DOJ Uses Vague Court Request to Try to Demand People Unlock Any Fingerprint-Locked Phones
Amid debate over encryption access, feds try to just sneak right through.
After Arresting Driver for Silence, Cops Tell Her She Has a Right to Remain Silent
New Jersey state troopers said declining to answer a question is a crime.
If You Want to Keep Your Phone Contents Secret, Perhaps Don't Use a Fingerprint Lock
Unlike passcodes, judges seem willing to force cooperation with authorities for access.
Here's Why the ACLU Is Suing the Government over the No-Fly List—and Winning
You'd think our constitutional expert of a president would have a better grasp of 'due process.'
Databases: Violating the Rights of Muslims and Gun Owners
Something else Donald Trump and Democrats have in common
Donald Trump Loves Land Grabs
The billionaire developer's broad view of eminent domain is good for him but bad for property rights.
Raisins, the Supreme Court, and Food Freedom
The Fifth Amendment's Takings Clause now protects you from government programs that steal your food.