Dallas Voters Nix an All-Purpose Excuse for Police Harassment: 'I Smelled Marijuana'
The ballot initiative says a whiff of weed does not establish probable cause for a search or seizure, which was already doubtful in light of hemp legalization.
Search and Seizure
Nearly Five Years After Breonna Taylor's Death, Justice Remains Elusive
A long-delayed conviction illustrates the difficulty of holding cops accountable for abusing their powers.
Cop Who Fired Blindly Into Breonna Taylor's Home Is Convicted of Violating Her Constitutional Rights
Former Louisville detective Brett Hankison is one of four officers who faced federal charges after a deadly 2020 drug raid.
Local Governments Are Seizing and Selling Homes Over Small Tax Debts
Home equity theft happens when governments auction off seized houses and keep the profits—even once the tax bill is paid.
Chip Mellor's Legacy Promotes a Broader Concept of Civil Liberties
For more than three decades, the Institute for Justice has shown that economic freedom and private property are essential safeguards for ordinary Americans.
Police Want the Password to Your Phone
Without a warrant and specific proof of incriminating evidence, police should never be allowed past your phone’s lock screen.
Former Houston Drug Cop Gets 60 Years for His Deadly Lies
That amounts to a life sentence for Gerald Goines, who instigated the no-knock raid that killed Dennis Tuttle and Rhogena Nicholas by falsely accusing them of selling heroin.
A Texas Cop Endangered Himself by Jumping Onto a Moving Car. Then He Shot the Driver.
The Supreme Court will review a 5th Circuit decision that let the officer off the hook without considering the recklessness that turned a routine traffic stop into a deadly encounter.
A Houston Drug Cop's Murder Conviction Highlights the Potentially Deadly Consequences of 'Testilying'
Similar scandals across the country suggest the problem is widespread.
Former Houston Drug Cop Convicted of Murder After His Lies Resulted in Two Deaths
The jury accepted the prosecution's argument that Dennis Tuttle and Rhogena Nicholas died because of Gerald Goines' fraudulent search warrant affidavit.
Jurors Weigh Murder Charges Against Former Houston Drug Cop Who Lied to Justify a Deadly Home Invasion
But for Gerald Goines' lies on a search warrant affidavit, prosecutors argued, Dennis Tuttle and Rhogena Nicholas would still be alive.
A Movie Mirrors the Stranger-Than-Fiction Reality of Civil Asset Forfeiture
The outrageous seizure at the center of Rebel Ridge resembles real-life cash grabs.
Houston Officials Trusted a Dishonest Drug Cop for Decades Before His Lies Killed 2 People
But for a disastrous raid, narcotics officer Gerald Goines would have been free to continue framing people he thought were guilty.
Houston Cop Who Lied To Justify a No-Knock Drug Raid Says He Is Not Responsible for the Resulting Deaths
Former narcotics officer Gerald Goines faces two murder charges for instigating the home invasion that killed Dennis Tuttle and Rhogena Nicholas.
Federal Judge Highlights the Hazards of Reckless Drug War Tactics
The ruling notes that Breonna Taylor’s death resulted from the "late-night, surprise manner of entry."
Why a Federal Judge Dismissed 2 Felony Charges Stemming From the Drug Raid That Killed Breonna Taylor
U.S. District Judge Charles Simpson concluded that the alleged facts did not support penalty enhancements for violating the Fourth Amendment but left several other charges in place.
Police Cannot Seize Property Indefinitely After an Arrest, Federal Court Rules
Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
She 'Came at Me With Boiling Water,' a Cop Charged With Murder Claims, Contradicting What Video Shows
An Illinois sheriff's deputy with a spotty employment history shot Sonya Massey in the face after responding to her report of a prowler.
The DEA Claims To Be Able To Search Your Bag Without Your Consent. But Can They?
Recent footage shows a federal agent attempting to search a citizen’s bag without their consent, despite precedent saying that’s illegal.
A Federal Judge Rejects the Lame Excuses of Texas Cops Who Kidnapped a Supposedly 'Abandoned' Teenager
The decision clears the way for a jury to consider Megan and Adam McMurry's constitutional claims against the officers who snatched their daughter.
"What Happens … When Two School Employees Suspect That Their Colleague is Under the Influence
"of prescription medication, search her bag without permission, and find a firearm inside? And what happens when school board officials find out and want to question the perpetrator? Has the Fourth Amendment been transgressed?"
Michigan Supreme Court Allows Evidence Collected by Drone, Without a Warrant
The court declined to address whether the search violated the Fourth Amendment and merely held that the evidence could not be excluded in a civil case.
A Texas Reporter Busted for Asking Questions Asks SCOTUS To Reject the Criminalization of Journalism
Priscilla Villarreal is appealing a 5th Circuit decision that dismissed her First Amendment lawsuit against Laredo police and prosecutors.
Appeals Court Rules That Cops Can Physically Make You Unlock Your Phone
The 9th Circuit determined that forcibly mashing a suspect's thumb into his phone to unlock it was akin to fingerprinting him at the police station.
Judge Quashes Felony Murder Charges Against Former Houston Cop Whose Lies Led to a Deadly 2019 Drug Raid
Gerald Goines' lawyers argued that the indictment did not adequately specify the underlying felony of tampering with a government document.
Louisiana Law Lets Wildlife Agents Trespass on Private Property
A lawsuit from the Institute for Justice claims the law violates the Louisiana Constitution.
Pennsylvania Police Settle Lawsuit With Woman Forced to Undergo 'Humiliating' Strip-Search
Even though police found no signs of drugs or other contraband, Holly Elish was strip-searched by Pennsylvania police officers.
A Florida Cop Gets Into a Shootout With an Acorn, Emptying His Gun Into His Own Patrol Car
Deputy Jesse Hernandez, whose bullets miraculously missed the handcuffed suspect in the car, resigned during an investigation that found he "violated policy."
Qualified Immunity Is Not Limited to Police Brutality. It Protects a Wide Variety of Abusive Officials.
An analysis of appeals involving the doctrine finds that less than a quarter "fit the popular conception of police accused of excessive force."
Cops Arrested Him for a Fictitious Traffic Violation Because He Flipped Them Off
A federal judge allowed a lawsuit against the officers to proceed, finding evidence of several constitutional violations.
Texas Cops Held a Terrified Couple at Gunpoint After Raiding the Wrong House
Tyler Harrington has filed a lawsuit after four police officers burst into his home in the middle of the night.
He Was Arrested for Making a Joke on Facebook. A Jury Just Awarded Him $205,000 in Damages.
The verdict vindicates the constitutional rights that Louisiana sheriff's deputies flagrantly violated when they hauled Waylon Bailey off to jail.
The 5th Circuit Says Criminalizing Journalism Is Not Obviously Unconstitutional
The appeals court dismissed a civil rights lawsuit by a Laredo gadfly who was arrested for asking questions.
5 Years After a Deadly Drug Raid, Houston's Former Police Chief Might Finally Be Held Accountable
Since leaving Houston, Art Acevedo has bounced from job to job, continuing a spotty career marred by scandal.
Appeals Court: FBI's Safe-Deposit Box Seizures Violated Fourth Amendment
Cases like this are exactly why the Fourth Amendment was adopted in the first place, wrote federal Judge Milan D. Smith Jr.
Who Killed Elijah McClain? Mixed Verdicts Reflect a Cascade of Ultimately Fatal Mistakes.
Juries convicted two paramedics and one police officer of criminally negligent homicide but acquitted two other cops.
Trump's Promise to 'Indemnify' Cops 'Against Any and All Liability' Is Absurd for 2 Reasons
Police officers already are routinely indemnified, and suing them for abuse is much harder than Trump claims.
Taxpayer-Subsidized Seminars Train Cops To Violate the Constitution
A report from New Jersey's comptroller criticizes Street Cop Training for encouraging illegal traffic stops.
Mississippi Sheriff Insists He Was Oblivious to His Drug Warriors' Long Pattern of Brutality
Years before a federal case shined a light on the problem, Rankin County Sheriff Bryan Bailey should have known something was amiss.
Cops Stormed Into a Terrified Seattle Woman's Home. It Was the Wrong Address.
Elisabeth Rehn was about to take a bath when police officers kicked down her door, flooded into her apartment, and pointed their guns at her.
Illinois Family Files Lawsuit After Police Execute Wrong-Door Raid and Allegedly Detain Them for 6 Hours
"I asked them to show me a warrant; they didn't show me nothing," a grandmother said.
Odd Colorado Ruling Upholds Internet Keyword Search Warrant
Court says the warrant was “constitutionally defective” but grants police a “good faith” exception.
Should Governments Need a Warrant To Spy on You With a Drone?
The Michigan Supreme Court will hear opening arguments today in a case that could decide whether the practice is allowed.
Minnesota's Top Court Rebukes Cops Who Searched a Car After Claiming To Smell Pot That Wasn't There
In light of the state's marijuana reforms, the court says, the odor of weed is not enough to establish probable cause.
On Guns, Drugs, and National Security, Dianne Feinstein Was Consistently Authoritarian
The late California senator always seemed to err on the side of more government power and less individual freedom.
How Hippies Saved the Fourth Amendment
The Nixon administration did everything it could to curb antiwar activism. Then the courts said it had gone too far.
A Ruling Against a Man Arrested for a COVID-19 Joke Highlights the Influence of a Pernicious Analogy
A federal judge compared Waylon Bailey’s Facebook jest to "falsely shouting fire in a theatre."
