Dan Tynan writes: “Ok son, pull your laptop over to the side of the road and let me see your hard drive. Warrant? I don’t need no stinkin’ warrant. But the fact you asked for one indicates you’ve probably got something to hide, so I’m going to confiscate that machine in plain sight and hold…
Category: Court
The Fourth Amendment and Faulty Originalism
Joseph R. Stromberg, a Research Fellow at The Independent Institute, published an opinion piece on the history of the Fourth Amendment and where we went very very wrong. Here’s a snippet: Gradualism and crisis, always headed the same way, have yielded a constitutional trail of tears catalogued in American state and federal case law. The…
Third Circuit: no reasonable expectation of privacy in IP addresses
Just read this one on FourthAmendment.com: “[N]o reasonable expectation of privacy exists in an IP address, because that information is also conveyed to and, indeed, from third parties, including ISPs. ‘IP addresses are not merely passively conveyed through third party equipment, but rather are voluntarily turned over in order to direct the third party’s servers.’”…
Constitution does not ban sex bias, Scalia says
Bob Egelko reports: The U.S. Constitution does not outlaw sex discrimination or discrimination based on sexual orientation, Supreme Court Justice Antonin Scalia told a law school audience in San Francisco on Friday. “If the current society wants to outlaw discrimination by sex, you have legislatures,” Scalia said during a 90-minute question-and-answer session with a professor…