For (sometimes literally) crying out loud, leave the cuffs in the holster and keep 8-year old kids out of Central Booking.
Filed under: Fourth Amendment, Law Enforcement Abuses, Student Rights | Comments Off
What's more interesting to me than the entrapment analysis is how this scandal relates back to Larry Craig.
Filed under: Constitutional Issues, Gay Rights and Issues, Law Enforcement Abuses, New York City & State, Privacy Issues | Comments Off
A response to David Freddoso's silly defense of the War on Drugs.
Filed under: Fourth Amendment, Law Enforcement Abuses, Privacy Issues | 3 Comments »
Strip searches of students; the 14-year old "terrorist" sent to Guantanamo; the "Barney Fife" exception to the exclusionary rule.
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This Oregon drug case is not one for the ages. I wanted to highlight it, however, if for no other reason than for the sheer purity of its lesson.
Filed under: Fourth Amendment, Law Enforcement Abuses, Privacy Issues | 1 Comment »
To review: Federal courts, including the Supreme Court, have crafted a plenary "border exception" to the Fourth Amendment. Bootstrapping long-obsolete doctrines about shipping, tariffs and contraband, the courts deferred as the government exploited one of the greatest loopholes in the Bill of Rights: the idea that only "unreasonable" searches and seizures are proscribed, and that [...]
Filed under: Fourth Amendment, Law Enforcement Abuses, Privacy Issues | 1 Comment »
Interesting: A state appeals court ruled Wednesday that a western Pennsylvania township violated constitutional protections in forcing a sexually oriented business to close on minor holidays such as Flag Day. … The video and book store, Adultland XXX, faced the prospect of being shut down for a year because it conducted sales on Flag Day [...]
Filed under: Constitutional Issues, Freedom of Contract, Law Enforcement Abuses, Property Rights, Society, Religion, Culture Wars | Comments Off
The District of Columbia's subway bureaucracy has announced that it will commence warrantless, suspicionless searches at subway entrances: The program is modeled after one begun three years ago in New York that has withstood legal challenges. However, experts said it is difficult to measure the effectiveness of such searches, beyond assuring the public that police [...]
Filed under: Fourth Amendment, Law Enforcement Abuses, New York City & State, Privacy Issues, Terror v. Civil Liberties, Updates | Comments Off
Students "do not shed their constitutional rights at the schoolhouse gate." Except when they do… ITEM: When science class becomes "forensic science" class — A science teacher at Comstock Middle School [in Dallas] is accused of trying to use a little bit of science to track down her missing belongings. "She said some of the [...]
Filed under: Fourth Amendment, Law Enforcement Abuses, Student Rights | Comments Off
It's a long-standing principle in the law that "predatory" crimes should not be applied to those whom the law is meant to protect. So, for example, minors usually (though not always) cannot be prosecuted for statutory rape. Due process demands (or ought demand) that someone cannot simultaneously be the perpetrator and the victim of the [...]
Filed under: Children v. Parents; Homeschooling, Constitutional Issues, Gay Rights and Issues, Law Enforcement Abuses, LGBTQ Youth Suicide, New York City & State, Society, Religion, Culture Wars | 2 Comments »