SCOTUS Contender James Ho Combines Respect for Free Speech and Gun Rights With a Troubling Deference to Cops
The 5th Circuit judge is a mixed bag from a libertarian perspective.
Fourth Amendment
NSA Ruling Reminds Us That Sacrificing Civil Liberties in the Name of National Security Is a Bipartisan Impulse
A federal appeals court concludes that the agency's mass collection of phone records was illegal and probably unconstitutional.
After the DEA Robbed Her of $43,000 at an Airport, She Joined a Class Action Challenging the Agency's Cash Grabs
The lawsuit argues that the DEA is violating the Fourth Amendment by seizing money from travelers without evidence of criminal activity.
Chicago Police Sued Again For Botched Raid, Pointing Guns At Grandma and Child
This is the 10th lawsuit in the past few years accusing Chicago police of terrorizing families because of sloppy, outdated search warrants.
More Than a Year Before Breonna Taylor's Death, Some of the Same Cops Were Involved in Another Home Invasion Based on Dubious Evidence
The overlap suggests a pattern of shoddy investigation and reckless paramilitary tactics in Louisville.
The Democrats Should Not Be Presenting Houston's Police Chief As an Avatar of Reform
Trying to distract attention from the deadly corruption in his own department, Art Acevedo demands "action at the national level."
Video: Key West Police Arrest and Try To Handcuff 8-Year-Old Child
His wrists were too small for the cuffs, though.
The Cops Took This Guy's Car Because He Unwittingly Rented It to an Alleged Drug Dealer
Like other innocent owners, Manni Munir finds that fighting a civil forfeiture can cost more than the property is worth.
Grand Jury Indictments Paint a Picture of Deadly Deceit in Houston Narcotics Division
The charges, which grew out of a lethal 2019 raid based on a fraudulent search warrant affidavit, suggest that cops routinely built their cases on lies.
Oregon Doesn't Get Injunction Against Certain Federal Enforcement Procedures
The State asked the court to impose "(1) a requirement that officers identify themselves and their agency before arresting or detaining any person; (2) a requirement that officers explain to any person being seized that he or she is being arrested or detained; and (3) an enjoinder against arrests that lack probable cause."
Trump Deploys Lawlessness Against Lawlessness
The president’s heavy-handed response to protests against police brutality belies his promise of "law and order."
Dallas Cops Who Joked About Pinning a Man to the Ground Until He Stopped Breathing Get Qualified Immunity
The decision vividly illustrates how the doctrine shields police from accountability for using excessive force.
Justice Department Finds Massachusetts Drug Squad Regularly Uses Excessive Force and Covers It Up
The report found it was "not uncommon for Narcotics Bureau officers to write false or incomplete narratives that justify their uses of force."
Qualified Immunity Is a Test for Conservatives
The judicially invented license for police abuse undermines the rule of law and the separation of powers.
New Charges and Audit Results Reveal Widespread Laxness and Corruption in the Houston Narcotics Division That Killed an Innocent Couple
Contrary to what Police Chief Art Acevedo seems to think, his department has a systemic problem.
Would Derek Chauvin Receive Qualified Immunity for Killing George Floyd?
The answer speaks volumes about the extent to which that doctrine protects police officers from liability for outrageous conduct.
Breonna Taylor and the Moral Bankruptcy of Drug Prohibition
She would still be alive if politicians did not insist on using violence to enforce their pharmacological prejudices.
Was the Search Warrant for the Drug Raid That Killed Breonna Taylor Illegal?
The information in the no-knock warrant application was based purely on guilt by association.
7 Race-Neutral Solutions to Racially Skewed Law Enforcement
These reforms would protect all Americans while reducing racial disparities in policing.
The Guilt or Innocence of the Cop Who Killed Rayshard Brooks Has Nothing to Do With George Floyd's Death
The felony murder charge against Garrett Rolfe hinges on whether he reasonably believed Brooks posed a threat.
Racially Skewed Policing Is Not a Statistical Mirage
One need not believe every cop is a bigot to recognize that the problem goes beyond a few "bad apples."
Treating All Neck Restraints As Deadly Force Would Help Curtail Police Brutality
That uniform rule is different from the policies favored by Donald Trump and House Democrats.
Criminal Justice Divides the 'Conservative' Judiciary
Pundits often speak of the judiciary in terms of liberal or conservative judges issuing liberal or conservative opinions. The reality is far more complicated.
Federal Aircraft Accused of Tracking Protesters
Plus: Breonna’s Law bans no-knock raids in Kentucky, Amazon's third-party problem, new findings on metabolism, and more...
Will the Cops Who Killed Kenneth Chamberlain After Illegally Breaking Into His Apartment Ever Be Held Accountable?
Responding to a medical alert they knew was erroneous, White Plains officers killed the man they supposedly were trying to help.
Cops Who Allegedly Assaulted and Arrested a Man for Standing Outside His Own House Are Protected by Qualified Immunity
The 6th Circuit Court of Appeals' decision is "a precedent-setting error of exceptional public importance," writes dissenting judge.
Maybe Cops Should Be 'Pulling Back'
Abolishing qualified immunity is a crucial step in holding police accountable for violating our rights.
The Attorney General's Overblown Fears About Scrapping Qualified Immunity
It's not likely to have the chilling effect he expects. Unfortunately, it might not do as much as criminal justice reformers expect either.
Houston Police Chief's Record Belies His Reformist Rhetoric After George Floyd's Death
If Art Acevedo had any shame, he would be engaging in less grandstanding and more introspection.
Sen. Ron Wyden Wants To Stop the Government From Spying on Your Internet Searches
The Wyden-Daines Amendment would've prohibited warrantless monitoring of web activity, but it lost by one vote in the Senate. Will Nancy Pelosi bring it back in the House?
Prosecutors Back Dismissal of 91 More Cases Involving the Houston Cop Who Lied to Justify a Deadly Drug Raid
The announcement brings the total number of suspect cases initiated by Gerald Goines to 164 over 11 years.
Judge to FBI: You Should've Gotten a Warrant Before Turning On That Phone
Plus: Virginia decriminalizes marijuana, it's not Trump's call whether we close the country again, and more…
10 Ways a Roadside Police Stop Can Go Wrong
What could happen—and what to do about it—if you get pulled over by the cops
The Breonna Taylor Shooting Shows How Reckless Drug War Tactics Lead to Senseless Deaths
At this point, police can hardly be surprised when they are mistaken for armed criminals.
Senate Renews FBI Surveillance Powers With Modest Reforms
An effort by Sen. Rand Paul to forbid warrantless investigation of citizens was soundly defeated.
Will SCOTUS Revoke Its License for Police Abuse?
This week the justices are considering 13 petitions involving the pernicious doctrine of qualified immunity.
Weed Warriors Who Mistook Tea for Marijuana Will Pay Their Victims $150,000
After seven years of litigation, a Kansas couple finally obtains some compensation for a comically inept drug raid.
Federal Judge Rules Forced Catheterization by South Dakota Police Violates Fourth Amendment
Suspected low-level drug crimes don't "justify subjecting the plaintiffs to involuntary catheterization, a highly invasive—and in these cases—degrading medical procedure."
"Disease Surveillance and the Fourth Amendment"
An interesting and detailed analysis by Prof. Alan Rozenshtein at Lawfare.
Sotomayor Upbraids SCOTUS for a Decision That 'Destroys Fourth Amendment Jurisprudence That Requires Individualized Suspicion'
The justice filed a lone dissent in Kansas v. Glover.
Restrictions on Interstate (and Intrastate) Travel in an Epidemic
are generally constitutional (whether they forbid travel to a particular place, or require travelers to be temporarily quarantined).
Court Upholds Mandatory Newborn Health Screening Program,
rejecting Fourth Amendment and substantive due process arguments against it.
A Qualified Immunity Case That the Federal Courts Got Right
Fatal police shootings and the Fourth Amendment
Police Abuse Breeds Disrespect
Defensive official reactions to corruption encourage the attitude that troubles the attorney general.
Bloomberg Rewrites His History of Doggedly Defending Stop and Frisk
The presidential candidate's explanation of his sudden reversal on the issue is utterly implausible.
Greyhound Finally Says No to Random Border Patrol 'Checks' of Its Buses
The company cited a recent federal memo clarifying that agents are expected to obey the Constitution.
Bloomberg's Constitutionally Oblivious Gun Battles
The presidential candidate’s gun control platform, like his defense of "stop and frisk," sacrifices civil liberties on the altar of public safety.
Houston D.A. Doubles the Scope of Her Case Review Following a Deadly Drug Raid Based on a Phony Affidavit
After declaring another man arrested by Gerald Goines "actually innocent," the Harris County district attorney says prosecutors are re-examining cases going back to 2008.
