IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
January 19, 2010
Report: FBI Illegally Collected Phone Records 01-19-10
Let's not pretend that "citing nonexistent emergencies" isn't basically committing perjury, shall we? Every bit of evidence so obtained needs to be destroyed forthwith, and oversight put in place that ensures future investigations actually involve something like, you know, cause?
January 18, 2010
- State lawmakers must revise a criminal statute that favors people living in better neighborhoods.
01-17-10
Oh, please. In any neighborhood, the police would pursue a man who ran from them! This sounds more like a case where someone's trying to get a criminal set free than it does any semblence of righting a legitimate wrong.
January 15, 2010
- Added airport security implicates privacy, other legal concerns 01-15-10
I disagree. I don't argue that security is important, but I do believe that this goes too far, even for a public venue. That being said, flying is also voluntary. If you oppose these security measures, don't fly. I suspect that the fact flying isn't a right in and of itself is precisely the argument the government is using to justify the breach of other rights.
January 14, 2010
Drug evidence tossed due to illegal search 01-14-10
From what I've read here, I'd have to agree with the judge. That being said, I also think this kind of "misunderstanding" could be as much the fault of the victim when he simply doesn't speak the language well enough to know what's happening.
January 13, 2010
- ANALYSIS Student Fourth Amendment rights in jeopardy 01-13-10
I suppose that the technicalities of this case provide for civil liberties. But we're talking tiny technicalities buried within what seems to me to be a very large bailiwick where student privacy is concerned. Several definitions—"inspections," for example, or "upholding community standards"—seem overbroad at best. And although students sign the policy, I don't believe it's possible to sign away your constitutional rights in such a manner. This, of course, says nothing about private security suddenly becoming comparable to government cops, either!
January 11, 2010
- LETTER TO THE EDITOR 3-D scanners violate Fourth Amendment 01-10-10
Well said, and all too true. Not that many people who will trade apparent security for essential liberty, but that is apparently immaterial any more. - Judge rules against CAIR 01-09-10
There are some significant issues here, not least of which is the potential for CAIR to be exactly what detractors say it is: a front for militiant Muslim terrorism. But whether it is or it isn't, the First Amendment guarantees the right of reporters to present stories either way. Unfortunately, that's not the real question either, but rather did those reporters commit a crime in obtaining the information they claim helps make their case?
January 4, 2010
- VIDEO Police use drones to spy on Americans 01-04-10
...and they're not even pretending to protect privacy and civil liberties when they do! Apparently, the authorities consider that something they can worry about "later." Really? My guess is if they're permitted to get away with it now, they won't worry about a damned thing later or otherwise.
About the Fourth Amendment
The Fourth Amendment is probably, next to the First Amendment, the most recognizable to the average American. After all, how many times have we seen some television character answer the front door and politely ask the police waiting there if they have a warrant? The Founders fashioned this amendment after having endured the uncertainty and tyranny of British officials posssessing "Writs of Assistance" enabling them to conduct broad-based searches whenever the spirit moved them to do so, typically with no more cause than bare suspicion or vengeance. Unfortunately, the Fourth Amendment is singularly threatened in our modern society, and is threatened more now than ever.
I agree wholeheartedly with Benjamin Franklin, who knew what to say about Fourth Amendment threats, including those made today in the name of the "War on Drugs" and the "War on Terrorism": "They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." The fact of the matter is that, when you give up any of your freedoms, the terrorists win another battle in their war. And the rest of us lose.
Click here for more on the Fourth Amendment. Want to help preserve the Fourth Amendment? Educate yourself, and then take action!
