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FOURTH AMENDMENT

Surveillance

HERE'S HOW THE CIA PLANS TO USE YOUR AD TRACKING DATA

The intelligence community is admitting that info from data brokers is sensitive
but isn’t accepting hard limits on how to use it.

Matthew Petti | 5.15.2024 10:10 AM

Police

FLORIDA POLICE DEPARTMENTS SPENT THOUSANDS ON TRAINING SEMINARS BANNED IN 9
STATES

A New Jersey government watchdog said Street Cop Training instructors glorified
violence, made discriminatory remarks, and offered unprofessional and
unconstitutional advice to officers.

C.J. Ciaramella | 5.1.2024 3:46 PM

Police

CALIFORNIA COPS LOCKED AN INNOCENT MAN IN A SEX OFFENDER UNIT FOR 3 DAYS

Victor Manuel Martinez Wario was jailed for a total of five days, spending three
of those in special housing for sex offenders.

Emma Camp | 5.1.2024 3:27 PM

Police Abuse

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.

Jacob Sullum | 4.26.2024 4:20 PM

Privacy

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.

Joe Lancaster | 4.19.2024 12:50 PM

Surveillance

BIDEN OPPOSES BILL THAT WOULD KEEP COPS AND FEDS FROM BUYING YOUR DATA

The Fourth Amendment Is Not For Sale Act would prevent law enforcement and
intelligence agencies from purchasing data that they would otherwise need a
warrant to obtain.

Joe Lancaster | 4.17.2024 4:20 PM

Congress

CONGRESS DOES NOT COME BACK WITH A WARRANT

Plus: A listener asks the editors for examples of tasks the government does well
(yikes).

Matt Welch, Katherine Mangu-Ward, Nick Gillespie, and Peter Suderman | 4.15.2024
5:00 PM

Surveillance

DONALD TRUMP'S COWARDICE OVER WARRANTLESS SPYING

"I told everybody, 'Do what you want,'" Trump said on Friday night, as he let
the deep state win again.

Eric Boehm | 4.15.2024 1:15 PM

Fourth Amendment

COME BACK WITH A WARRANT

Plus: A fight over Section 702 spying reforms, Iran threatens Israel and the
U.S., Trump's proposed tariff is even worse than we thought, and more...

Eric Boehm | 4.11.2024 9:35 AM

Police Abuse

CALIFORNIA COPS TASED A MAN HAVING A SEIZURE, THEN BOOKED HIM ON BOGUS CHARGES
TO COVER THEIR MISTAKE

Bruce Frankel was tased by a police officer in 2022 after his fiancee called 911
seeking medical help. Now he's suing.

Emma Camp | 4.5.2024 3:13 PM

Police Abuse

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.

Jacob Sullum | 4.1.2024 1:25 PM

Surveillance

STOP YOUR CAR FROM SPYING ON YOU

Modern cars are smartphones on wheels, but with less protection for your data.

J.D. Tuccille | 3.25.2024 7:00 AM

Fourth Amendment

STUDY ESTIMATES NEARLY 96% OF PRIVATE PROPERTY IS OPEN TO WARRANTLESS SEARCHES

The Institute for Justice says its data show that a century-old Supreme Court
doctrine created a huge exception to the Fourth Amendment.

C.J. Ciaramella | 3.14.2024 3:13 PM

Fourth Amendment

LOUISIANA LAW LETS WILDLIFE AGENTS TRESPASS ON PRIVATE PROPERTY

A lawsuit from the Institute for Justice claims the law violates the Louisiana
Constitution.

Joe Lancaster | 3.13.2024 1:00 PM

Guns

URINALYSIS REQUIREMENT FOR GUN CARRY PERMIT LIKELY UNCONSTITUTIONAL



Eugene Volokh |The Volokh Conspiracy | 2.28.2024 10:54 AM

Crime

DON'T LET CRIME FEARS UNDERMINE AMERICANS' RIGHTS

Amid fear of rising crime, let's take a careful and deliberate approach—lest
innocent people lose their rights and property.

Steven Greenhut | 2.23.2024 7:30 AM

Government abuse

NYC CHILD PROTECTION AGENCY USES 'COERCIVE TACTICS' TO BULLY PARENTS INTO
ALLOWING WARRANTLESS SEARCHES

According to a new lawsuit, NYC's child protection agency almost never obtained
warrants when it searched over 50,000 family homes during abuse and neglect
investigations.

Emma Camp | 2.20.2024 4:20 PM

Police Abuse

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."

Jacob Sullum | 2.14.2024 1:25 PM

Qualified Immunity

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."

Jacob Sullum | 2.13.2024 3:50 PM

Police

BUFFALO COPS DENIED QUALIFIED IMMUNITY FOR ARRESTING MAN WHO CALLED OFFICER AN
'ASSHOLE'

R. Anthony Rupp III was cited and detained after he called a police officer an
"asshole" after the cop nearly drove into two pedestrians. 

Emma Camp | 2.13.2024 12:13 PM

Civil Asset Forfeiture

AN ALABAMA COUPLE'S LIVES WERE UPENDED BY AN UNCONSTITUTIONAL POLICE RAID. A
JURY AWARDED THEM $1 MILLION.

Greg and Teresa Almond lost their house and livelihood over a misdemeanor drug
crime. Sheriff's deputies never got a warrant to search their house.

C.J. Ciaramella | 2.9.2024 2:34 PM

Police Abuse

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.

Jacob Sullum | 2.9.2024 2:15 PM

Police

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.

Emma Camp | 2.2.2024 1:43 PM

Police Abuse

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.

Jacob Sullum | 2.1.2024 4:20 PM

Free Press

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.

Jacob Sullum | 1.31.2024 12:01 AM

Police Abuse

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.

Jacob Sullum | 1.25.2024 5:10 PM

FBI

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.

Eric Boehm | 1.23.2024 5:15 PM

Surveillance

MIAMI POLICE USED CLEARVIEW AI FACIAL RECOGNITION IN ARREST OF HOMELESS MAN

Facial recognition technology is increasingly being deployed by police officers
across the country, but the scope of its use has been hard to pin down.

C.J. Ciaramella | 1.19.2024 2:37 PM

Civil Asset Forfeiture

A POLICE GROUP'S COMMENTS ON CIVIL ASSET FORFEITURE SHOW EXACTLY WHY IT NEEDS
REFORM

"You've got to be able to demonstrate some level of legitimacy" the head of the
National Sheriffs' Association says of carrying large amounts of cash.

C.J. Ciaramella | 12.29.2023 2:09 PM

Police Abuse

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.

Jacob Sullum | 12.27.2023 6:15 PM

Police Abuse

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.

Jacob Sullum | 12.22.2023 2:15 PM

Congress

CONGRESS RENEWS WARRANTLESS DIGITAL SPYING PROGRAM AS PART OF $886 BILLION
SPENDING BILL

Section 702 will continue until April, when Congress will have another shot at
seriously reforming a program that desperately needs it.

Eric Boehm | 12.14.2023 1:20 PM

Government Waste

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.

Jacob Sullum | 12.8.2023 3:40 PM

Fourth Amendment

FBI SEIZED $86 MILLION FROM PEOPLE NOT SUSPECTED OF ANY CRIME. A FEDERAL COURT
WILL DECIDE IF THAT'S LEGAL.

On Thursday, a federal appeals court will hear about the FBI's "blatant scheme
to circumvent" the Fourth Amendment.

Eric Boehm | 12.6.2023 4:30 PM

Law enforcement

ALABAMA POLICE OFFICER ON LEAVE AFTER VIRAL VIDEO SHOWS HER TASING HANDCUFFED,
COMPLIANT MAN

The Alabama State Bureau of Investigation is now looking into the incident as
well.

C.J. Ciaramella | 12.6.2023 1:13 PM

Criminal Justice

WYOMING COP ASSAULTED A DISABLED 8-YEAR-OLD, THEN DELETED THE BODY CAMERA
FOOTAGE, LAWSUIT CLAIMS

A new lawsuit alleges that Deputy Benjamin Jacquot, a school resource officer,
slammed an 8-year-old's face into a conference room floor, causing bruises and
lacerations.

Emma Camp | 12.4.2023 5:14 PM

Police Abuse

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.

Jacob Sullum | 11.30.2023 3:45 PM

Police Abuse

MARYLAND ROOMMATES FILE LAWSUIT AFTER POLICE SHOT THEIR DOG DURING ALLEGED
ILLEGAL HOME SEARCH

Officers barged into their house without a warrant, shot their dog, and mocked
them, a federal civil rights lawsuit says.

C.J. Ciaramella | 11.28.2023 2:05 PM

Police Abuse

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.

Emma Camp | 11.14.2023 5:15 PM

Children

NEW JERSEY SECRETLY STORES YOUR NEWBORN'S BLOOD FOR DECADES

According to a new lawsuit, New Jersey has handed over leftover blood from
newborn genetic testing to law enforcement and sold it to third parties.

Emma Camp | 11.8.2023 2:55 PM

Surveillance

LAWMAKERS TRY TO INSERT PRIVACY PROTECTIONS INTO THE FEDS' SNOOPING POWERS

The bipartisan Government Surveillance Reform Act would stop a lot of
warrantless surveillance as a condition for renewal of Section 702 authorities.

Scott Shackford | 11.7.2023 1:20 PM

Police Abuse

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.

C.J. Ciaramella | 11.3.2023 2:19 PM

Supreme Court

LOUISIANA MOTHER OF AUTISTIC CHILD HIT BY TEACHER FILES SUPREME COURT PETITION

School officials in three states are effectively immune from lawsuits over
excessive corporal punishment. A Louisiana mother is asking the Supreme Court to
step in.

C.J. Ciaramella | 10.27.2023 2:04 PM

Surveillance

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.

Joe Lancaster | 10.18.2023 8:00 AM

War on Drugs

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.

Jacob Sullum | 10.6.2023 2:40 PM

Civil Asset Forfeiture

SEX CRIME VICTIM DENIED $69,000 SETTLEMENT BECAUSE COPS SEIZED HER ABUSER'S CASH
THROUGH CIVIL FORFEITURE

The outrageous case has led to calls from Congress to pass legislation curbing
civil asset forfeiture.

C.J. Ciaramella | 10.6.2023 1:40 PM

Police

WEED IS LEGAL IN ILLINOIS. POLICE SEARCHED HIS CAR ANYWAY.

An officer conducted the search of Prentiss Jackson's vehicle after claiming he
could smell "a little bit of weed." It ultimately resulted in a lengthy prison
term.

Gabriel Ogunjobi | 10.4.2023 5:25 PM

Qualified Immunity

ALABAMA COPS WHO ARRESTED MECHANIC FOR NOT GIVING THEM HIS ID DENIED QUALIFIED
IMMUNITY

"The police are free to ask questions, and the public is free to ignore them,"
wrote a federal judge.

Emma Camp | 10.2.2023 4:10 PM

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