A Leftist Makes the Case for Originalism
What’s worse for the left, a conservative originalist or a conservative living constitutionalist?
Fourth Amendment
The ACLU is Suing D.C. Police for Searching a Home Without a Warrant
The Metropolitan Police Department was in the middle of a legal battle with the family when the warrantless search was conducted.
Federal Court: Chalking Tires Is Trespassing, Not Police Work
And it's a violation of the Fourth Amendment.
Going to Burning Man? The Feds Want You Searched for Drugs
Can the government demand a warrantless search with no probable cause of ticket holders as a condition of issuing an event permit?
Preventing Government Facial Recognition Oppression
Pervasive real-time police surveillance is not just theoretical anymore.
How the Feds Are Using Civil Asset Forfeiture to Threaten Free Speech
Sex, publishing, and quasi-legal theft collide in the Backpage prosecution.
U.S. Citizens Sue Border Patrol Agent Who Detained Them for Speaking Spanish
The ACLU argues that the 40-minute detention violated the Fourth and 14th amendments.
Here's Why Rand Paul Will Vote 'No' on AG Nominee William Barr
Paul cited Barr's past support for warrantless surveillance. He's right to be worried.
Second and Fourth Amendments
"Since openly carrying a handgun is not only not unlawful [in Washington], but is an individual right protected by the federal and state constitutions [as the Washington Supreme Court had earlier held]," it cannot "be the basis, without more, for an investigative stop."
Supreme Court to Consider Whether Police Can Order Blood Draws from Unconscious Drivers
Warrantless "implied consent" laws are under review over Fourth Amendment concerns.
Judge Blocks New York City Law Demanding Airbnb Share Reams of Private Host Data
Online room-sharing services had no avenue to legally challenge demands for private info.
Kansas Supreme Court Says Cops Can Search Your Home Without a Warrant If They Claim It Smells Like Pot
Cops supposedly smelled 25 grams of pot inside a plastic container inside a safe inside a closet 30 feet from a guy's doorstep.
Syracuse Cops Force Doctors to Probe a Man's Rectum for Drugs, Then Bill the Man For It
Similar cases have resulted in huge lawsuits against hospitals and police departments.
Mandatory Warrantless Rental Inspections Inspire Seattle Lawsuit
Institute for Justice to city: Show probable cause, guys.
The 5 Worst Supreme Court Rulings of the Past 50 Years
Cases in which a majority of the Court fell down on the job.
The Government Says Falconers Have to Give up Their Privacy and Free Speech Rights in Order to Own Birds. Now the Falconers Are Suing.
"I'm treated no differently from a common felon on parole."
Wave of Burning Man-Related Drug Arrests Won't Go to Trial
District Attorney finds too many questionable stop and search practices in campaign of harassment aimed at Burners.
San Diego Police Creepily Forced Strippers to Pose for Photos. Now the City's Paying $1.5 Million.
A city ordinance let officers harass women as part of a licensing inspection process. A judge ruled it unconstitutional.
My Daughter's Middle School Plans to Teach Her Meek Compliance With Indiscriminate Invasions of Privacy
It's never too early for kids to learn that harebrained security theater is an unavoidable fact of life.
Court: Police Can't Shoot Unlicensed Dogs With Impunity
"Just as the police cannot destroy every unlicensed car or gun on the spot, they cannot kill every unlicensed dog on the spot."
Bloomberg and Trump Share a Love of Stop and Frisk
Both New York billionaires overestimate the program's effectiveness and overlook its constitutional defects.
Newly Released Eric Holder Memo: Feds Can Use FISA to Spy on Journalists
And the guidelines for spying on journalists may be even looser under Trump.
Michael Bloomberg Thinks Charlie Rose, Unlike Random Black Dudes, Deserves a 'Presumption of Innocence'
The former New York mayor defends his stop-and-frisk policy while suggesting the famous TV host did not get a fair hearing.
Brett Kavanaugh Calls Carpenter v. United States a 'Game Changer' on 4th Amendment Law
The Supreme Court nominee talks warrantless government surveillance with Sen. Patrick Leahy.
Court Says School Resource Officers Can't Arrest Students Just to 'Prove a Point'
A California cop arrested some victims of bullying because they were unresponsive during mediation.
5 Questions for SCOTUS Nominee Brett Kavanaugh
What the Senate Judiciary Committee should ask the Supreme Court nominee.
Burning Man Attorney Threatens Bureau of Indian Affairs Over Traffic Stops
The feds insist it's just a coincidence that an opioid task force targeted the one road to Burning Man as the event ramped up.
Baltimore Cop Quits After Pummeling a Man for Disrespecting His Authority
The Saturday incident immediately prompted an investigation because it was captured on bystander video.
Rand Paul Says He Will Vote Yes on SCOTUS Nominee Brett Kavanaugh
"After meeting Judge Kavanaugh and reviewing his record, I have decided to support his nomination."
Likely Sarcastic Facebook Post Can't Justify Arrest of Author for Threats
Police generally need to investigate matters further, to see if the post was really a threat or sarcasm -- and if they don't investigate further, and don't have a good reason for the immediate arrest, they can be sued for a Fourth Amendment violation, and be denied qualified immunity.
Why Rand Paul Is 'Very Concerned' About Brett Kavanaugh and the Fourth Amendment
The Republican senator questions the record of the SCOTUS nominee.
Can Border Agents Search Your Phone Without a Warrant?
The requirement to get a warrant may not apply when an American citizen is returning home from abroad and U.S. border officials want to search the contents of that person's phone.
National Ban on Smoking in Public Housing Is Unconstitutional, Lawsuit Says
Tenants are challenging a HUD rule that requires local public housing authorities across the country to prohibit people from smoking in their homes.
'You a Citizen?': Video Shows CBP Agent Asking New Mexico Bus Passengers for Papers
"Living in Nazi Germany where you need to show your I.D. within the states, this is bullshit."
Sen. Mike Lee on Brett Kavanaugh, Trump's Tariffs, and Congressional Dysfunction
The way Congress crafts spending bills has "effectively disenfranchised almost 300 million Americans."
Judge Andrew Napolitano on Trump, SCOTUS, and the Return of Freedom Watch
The most libertarian legal analyst on cable news dishes on Brett Kavanaugh, the end of his GOP, and his forthcoming new show.
Brett Kavanaugh's Fourth Amendment Blind Spot
The Supreme Court nominee's skepticism fades when cops and spies look for evidence without a warrant.
'Concerned' Rand Paul Isn't Sure How He'll Vote on Kavanaugh Confirmation
The Kentucky Republican is worried about Kavanaugh's record on the Fourth Amendment.
A Florida Man Arrested for Pot Is in Jail Until He Lets Deputies Search His Phones
Police say there's evidence. His lawyer says it's a fishing expedition.
Police Seized Property of Close to 1,000 People in Michigan—Without Ever Convicting Them of Crimes
Thanks to a new state law, agencies now have to report how extensively civil asset forfeiture is used to take people's stuff.
SCOTUS Nominee Brett Kavanaugh on the Fourth Amendment and Warrantless Bulk Data Collection
Where does Judge Kavanaugh stand on the Fourth Amendment?
SCOTUS Contender Brett Kavanaugh on Gun Rights, Search and Seizure, and Mens Rea
The D.C. Circuit judge is a strong defender of the Second Amendment but seems less inclined to accept Fourth Amendment claims.
School Strip-Searches 22 Sixth-Grade Girls Because a Cop Thought They Were Hiding $50 in Their Underwear
Despite the best efforts of a nurse who "loosened their bras" and "checked around the waistband of their panties," no money was found.
Will Trump's Next SCOTUS Pick Be Able To Overturn Roe v. Wade?: Podcast
The short answer is no. The longer answer is maybe, a little at a time, and that's a problem. Plus, is 2018 turning into 1968, a year of high-profile violence?
Sadly, Ross Ulbricht's Case Will Not Be Heard by the Supreme Court
Despite Carpenter upending Fourth Amendment doctrine, the Supremes leave the Silk Road founder in prison for life.
Is It Legal for Cops to Shoot Unlicensed Dogs?
Pets shouldn't be treated as contraband.
Gorsuch Was More 'Liberal' Than Kennedy This Term, in an Unusual Supreme Court Twist
Comparing the records of two right-of-center justices.
