The European Commission has released details as to why it sees the UK Data Protection Act as an improper implementation of Directive 95/46/EC, so much so, that it is considering infraction proceedings. Correspondence between the Commission and the UK Government has been exchanged, and despite the possibility of litigation, very little has been published or…
Category: Featured News
The Strange Case of Ashcroft v. Al-Kidd
Orin Kerr writes: Next week, the Supreme Court will be hearing oral argument in Ashcroft v. Al-Kidd, a case on material witness and national security detention. Al-Kidd is a rather strange Fourth Amendment case, and in this post I wanted to explain why I think it’s strange case and how that strangeness might influence what the Court…
Police Obtain Warrant to Search “All Persons” Who Enter Apartment Parking Lot Where Drug Selling Commonly Occurs
Orin Kerr writes: In Sarasota, Florida, a vacant lot next to an apartment building has become a vibrant open-air drug market. The police are having trouble cleaning it up. So the police tried something they had never tried before: The applied for, and obtained, a warrant to search “all persons” who parked or set foot in…
Can You Frisk a Hard Drive?
David K. Shipler writes: … Digital inspections raise constitutional questions about how robust the Fourth Amendment’s guarantee “against unreasonable searches and seizures” should be on the border, especially in a time of terrorism. A total of 6,671 travelers, 2,995 of them American citizens, had electronic gear searched from Oct. 1, 2008, through June 2, 2010, just…