The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
Like it or not, the Thomas Court is here.
Fourth Amendment
Seizing Russian Assets Violates the 'Fundamental Right' to Property, Says Swiss President
"You have to ensure the citizens are protected against the power of the state. This is what we call liberal democracies."
Stephen Breyer Officially Retires Tomorrow, Opening a Seat for Ketanji Brown Jackson
“My retirement from active service,” Breyer told the president, “will be effective on Thursday, June 30, 2022, at noon.”
Supreme Court Makes It Effectively Impossible To Sue Federal Cops, Smashing a 51-Year-Old Precedent
A federal badge will now serve as an impenetrable shield against civil liability.
In The Listeners, Brian Hochman Details History of Eavesdropping
Wiretapping and eavesdropping used to be the norm. Perhaps privacy was always an illusion after all.
What Are Ya, Some Kind of Comedian?
Qualified immunity denied in case alleging a probable-cause-less arrest based on plaintiff's (comedian Hannibal Buress's) speech "roast[ing a police officer's] ass."
It's a Bad Year for Criminal Justice Reform at the Supreme Court
A recent pair of cases spotlights the sorry state of affairs.
SCOTUS Just Made It Even Harder To Sue an Abusive Federal Agent
The Supreme Court continues to shield federal officers who are accused of violating constitutional rights.
This Man Says He Spent 17 Days in Jail After American Airlines Wrongly Fingered Him As a Shoplifting Suspect
Michael Lowe is suing the company in Texas, saying its negligence led to a life-changing ordeal.
To Promote Public Safety, Michigan Authorizes Cops To Rob Travelers at Airports
The change represents a substantial reversal of civil forfeiture reforms aimed at protecting innocent property owners.
SCOTUS Lets Tony Timpa's Family Pursue Claims Against Cops Who Killed Him While Supposedly Trying To Help Him
The lawsuit over Timpa's deadly prone restraint, initially blocked by qualified immunity, was revived by the 5th Circuit.
Mothers' Lawsuits Claiming Univ. of Pittsburgh Medical Center Interfered with Parental Rights Can Go Forward
The claims arise out of “UPMC’s purported disclosure of their confidential medical information to [child protection authorities] for the purpose of targeting them with highly intrusive, humiliating and coercive child abuse investigations starting before taking their newborn babies home from UPMC’s hospitals shortly after childbirth.”
Georgia Cops Rummaged Through Student-Athletes' Luggage in a Fruitless Search for 'a Little Bit of Marijuana'
When did the K-9 arrive? And what was the probable cause for the search?
ICE Operates a Sweeping 'Dragnet Surveillance System,' New Report Finds
ICE has spent $2.8 billion since 2008 developing surveillance and facial-recognition capabilities, mostly in secrecy and without real oversight.
Mandatory Employee COVID Tests Don't Violate Religious Freedom Rights or Fourth Amendment
The employee argued that "her faith in God 'will protect her from COVID-19 so there is no reason to take a test.'"
Sheriff Agrees To Stop Stealing Cannabis Cash From Armored Cars, Saying His Deputies 'Are Not Highway Robbers'
The settlement came after the Justice Department agreed to return more than $1 million in proceeds from state-licensed marijuana businesses in California.
Minneapolis Bans Police Use of No-Knock Warrants
After the tragic shooting of Amir Locke, Minneapolis Mayor Jacob Frey has made changes to the controversial practice. But are they enough?
Minnesota's Attorney General Says the Cop Who Killed Amir Locke Was Defending Himself. So Was Locke.
That perplexing situation underlines the hazards of police tactics that aim to prevent violence but often have the opposite effect.
The Supreme Court Says You Can Sue Cops Who Frame You on False Charges
The previous standard barring such lawsuits made “little sense," wrote Justice Brett Kavanaugh for the majority.
'Geofence Warrant' for All Cell Location Data From Area Near Robbery Is Ruled Unconstitutional
Plus: New rules on sex discrimination in education, economists warn of housing market exuberance, and more...
A Federal Judge Says a Victim of Retaliatory Prosecution Can Sue a Cop Who Treated Criticism As a Crime
An Arkansas police officer used trumped-up charges to punish a man who criticized him for violating the Constitution.
The 5th Circuit Approves a Cop's Violent Response to a Dispute Over a 7-Year-Old's Littering
The officer used a "pain compliance maneuver" to force information from the boy's sister, who was recording the encounter.
Tennessee Statute Authorizing Wildlife Resource Agency Searches Facially Unconstitutional
So holds a Tennessee court.
Police Officer Kills Dog for Walking Toward Him With Tail Wagging
Bradley Brock says his dog Moose was walking toward a police officer wagging its tail when the officer gunned his pet down.
Time To Close the Car Snitch Loophole
When you plug your phone into your car to listen to your favorite band or podcast, you give police a way to rummage around in your personal data without a warrant.
"Geofence Warrants Are the Future (and That's a Good Thing)"
From Prof. Jane Bambauer (Arizona).
Man Suffers Heart Attack, Dies, After Being Cuffed For Cussing at Officer and Trying to Shut his Door
Cops in Caddo Parish, Louisiana, were searching for a theft suspect on the property who was not there when they arrested William Walls and caused his death.
A Jury Concludes That Blindly Firing 10 Rounds Into Breonna Taylor's Apartment Was Not 'Wanton Endangerment'
Brett Hankison's acquittal shows how difficult it is to hold cops accountable for abusing their power.
A Federal Agent Allegedly Violated the Constitution. SCOTUS Will Decide If He Can Be Sued for It.
The justices heard oral arguments this week in Egbert v. Boule.
A Federal Lawsuit Challenges Blatantly Unconstitutional Anti-Crime Checkpoints in Jackson, Mississippi
"You can't treat everyone like a criminal to find the criminals," an outraged driver says. In Jackson, apparently you can.
The Convictions of 3 Cops Who Failed To Prevent George Floyd's Death Underline the Duty To Intervene
The defendants unsuccessfully argued that their training was inadequate and that they understandably deferred to a senior officer.
Brett Hankison Is Not the Only Cop Who Acted Recklessly the Night Breonna Taylor Was Killed
The former detective's trial should not obscure the responsibility of the drug warriors who authorized, planned, and executed the deadly raid.
Anti-Crime Checkpoints in Jackson, Mississippi, Blatantly Violate the Fourth Amendment
To "get wanted individuals off the streets," police are stopping drivers without any evidence that they have broken the law.
EARN IT Act Abuses Privacy in the Guise of Protecting Kids
It probably won't save any children, but it might mean the end of encrypted messaging.
Amir Locke's Death Demonstrates the Recklessness of 'Dynamic Entry' Tactics
Banning "no-knock" search warrants is not enough to prevent lethal confrontations between cops and people exercising the right to armed self-defense.
With "Friends" Like These ….
“After accepting a ‘friend’ request from the officer, the defendant published a video recording to his social media account that featured an individual seen from the chest down holding what appeared to be a firearm. The undercover officer made his own recording of the posting, which later was used in criminal proceedings against the defendant.” No Fourth Amendment violation, says Massachusetts high court.
A California Sheriff Remains Free To Rob Armored Cars Carrying Money From State-Licensed Marijuana Businesses
A federal judge declined to issue a temporary restraining order, saying the evidence of legal violations is insufficient at this point.
This Program Aims to Correct the Culture of Acquiescence That Allowed Derek Chauvin to Kill George Floyd
"Active bystandership" training encourages officers to stop their colleagues from violating people's rights.
Dragging Out Protesters Disrupting City Council Meeting Isn't Excessive Force
The city was not "required to permit the 'organized lawlessness' conducted by the protestors."
Stephen Breyer's Retirement Is Good News for the Fourth Amendment
Breyer’s deference to law enforcement often led him to sell the Fourth Amendment short.
Did These Three Officers 'Willfully' Deprive George Floyd of His Constitutional Rights?
Thomas Lane, J. Alexander Kueng, and Tou Thao are charged with federal crimes for failing to stop Derek Chavin from killing Floyd.
Kansas and California Cops Used Civil Forfeiture to Stage Armored Car Heists, Stealing Money Earned by Licensed Marijuana Businesses
The Institute for Justice argues that the seizures violated state law, federal law, and the U.S. Constitution.
No "Social Worker Exception" from the Fourth Amendment for Home Searches by Child Protection Officials
"[T]he Fourth Amendment applies equally whether the government official is a police officer conducting a criminal investigation or a caseworker conducting a civil child welfare investigation."
The Year's Highlights in Blame Shifting
Politicians and cops found creative ways to dodge responsibility in 2021.
Cops Held Two Innocent Boys at Gunpoint, Forced Them to Lie on the Ground, Handcuffed Them, and Searched Them. That's Fine, the 8th Circuit Said.
The Institute for Justice wants the Supreme Court to review the case—and to clarify the proper scope of "investigatory stops."
Police Tase Man in His Home After Relative Calls Fire and Rescue for a Drug-Related Emergency
The victim denied police permission to search his home. Cop shouted, "I don't need your permission!"
Every Year, Police Pull People Over To Give Out Turkeys Instead of Tickets. That Could Be Illegal.
There are better ways to build trust in the community than by violating the Fourth Amendment.
