Fourth Amendment

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Supreme Court Tosses Lawsuit Against Ashcroft

He did not misuse power, justices agree in 8-0 vote

(Newser) - John Ashcroft is off the hook. The Supreme Court tossed out a lawsuit against the former attorney general in an 8-0 vote today, finding that he did not misuse his power or violate the 4th Amendment. American Muslim Abdullah al-Kidd sued after being arrested at Dulles Airport and held for...

ACLU Wants Information on How Often Michigan Police Take Data Off Drivers' Cell Phones
Michigan Cops Scan Your
Cell Phone Data: ACLU
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Michigan Cops Scan Your Cell Phone Data: ACLU

State police have device that extracts information from mobiles

(Newser) - The ACLU is worried that Michigan state troopers are violating 4th Amendment rights by using a gizmo that quickly scans drivers' cell phones during routine traffic stops and extracts information, reports The Truth About Cars blog . The group accuses the state of dodging Freedom of Information requests on how often...

Flier Sues TSA Over Scanners
 Flier Sues TSA Over Scanners 

Flier Sues TSA Over Scanners

Robert Dean says 4th Amendment rights violated

(Newser) - Plenty of travelers have been complaining that the TSA's full-body scanners violate their privacy ... but do they violate the Constitution? An Arkansas man says they do. He has filed a lawsuit against the TSA in federal court in Little Rock, claiming that the scanners hurt his "emotional, psychological and...

Strip Search of Middle School Student Illegal: Supremes

(Newser) - An Arizona middle school's strip search of a teenage girl accused of having prescription-strength ibuprofen was illegal, the Supreme Court ruled today. School officials violated the law with their search of Savana Redding, the justices said in an 8-1 ruling. Redding, who now attends college, was 13 when school officials...

At 89, Influential Justice Stevens Isn't Budging

Oldest Supreme is vindicated as dissents become majorities

(Newser) - John Paul Stevens turned 89 last week, and the senior associate justice of the Supreme Court has lived to see many of his dissenting opinions eventually become the majority during his 33 years on the court. Stevens—who has given no indications of impending retirement—has led a number of...

Court: Cops Wrong to Tape Man's Sex With Comatose Wife

Privacy law violated in sexual assault case

(Newser) - A Wisconsin court today threw out evidence against a man police videotaped having sex with his comatose wife in her nursing-home room, the AP reports, arguing that authorities violated his constitutional rights. The court ruled that David Johnson, 59, who’s been charged with felony sexual assault, had an expectation...

Illegal Search Rule Faces New Challenge

US is the only country to automatically reject unlawful evidence

(Newser) - America is the only country in the world where evidence—even a carload of narcotics—is automatically suppressed if the police are found to have acted wrongly in acquiring it, writes the New York Times. Courts in other countries weigh the level of police misconduct with the gravity of the...

Court Limits Bosses' Access to Staff Emails

Landmark ruling extends constitutional protections to electronic communication

(Newser) - A federal court has ruled that emails and text messages on work accounts—routinely monitored by some employers—are protected by constitutional safeguards against unreasonable search and seizure. The ruling only applies to electronic communications supplied through outside servers, not internal systems. The ruling forbids service providers from handing over...

Bush Threw Out 4th Amendment After 9/11

Newly revealed Yoo memo voided search and seizure protections

(Newser) - Just a month after Sept. 11, 2001, the Justice Department concluded that anti-terror military operations on US soil were not constrained by the Fourth Amendment protections against search and seizure. The conclusion was detailed in a memo written by John Yoo, the theorist behind many of President Bush's expansions of...

Cheney Resists Testifying in 'Attack' Lawsuit

Alleged attacker wants veep to clear up encounter in court

(Newser) - A man collared on suspicion of assaulting Dick Cheney two years ago wants the veep to testify in court—but is it likely? Cheney would only have to if his testimony is unobtainable by other means, one expert said—exactly what Cheney's lawyer argued last week in court. But one...

Big Brother May Be Tracking Your Cell Phone

Judges are turning over tracking data from phones without probable cause

(Newser) - Federal investigators pursuing drug traffickers, fugitives and other criminal suspects often get court orders to obtain tracking data from cell phones, and they're frequently granted the orders without showing probable cause. That worries privacy advocates, especially in light of the fact that new cell phone services are providing an unprecedented...

Fed Judge Rules Against Patriot Act
Fed Judge
Rules Against Patriot Act

Fed Judge Rules Against Patriot Act

Nixes two key provisions that allow secret search without probable cause

(Newser) - Key provisions of the Patriot Act allowing secret searches have been ruled unconstitutional by a federal judge. In the case of Portland lawyer Brandon Mayfield, whose home and office were secretly raided after he was mistakenly linked to bombings in Madrid, a US District judge found that search warrants were...

Court Says Past Travels Not Private
Court Says Past Travels Not Private

Court Says Past Travels Not Private

Cops don't need probable cause to grab old cell records

(Newser) - A federal court has ruled that one’s historic whereabouts are not protected by the Fourth Amendment, and that the government doesn't need to show probable cause to access old cell phone records. Authorities only have to claim the information is “relevant to an ongoing investigation,” Computerworld reports,...

How to Shut Protesters Up: A White House Guidebook

ACLU lawsuit forces release of manual

(Newser) - A lawsuit sparked by two protesters wearing anti-Bush T-shirts has forced the White House to reveal its guidebook on dealing with dissenters, the Washington Post reports. The manual calls for a "protest area" separate from event sites and roaming "rally squads" to drown out demonstrators who infiltrate the...

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