Peter Swire writes, in part: The proposal here is that the answer lies in addressing what the Supreme Court in Delaware v. Prouse called “standardless and unconstrained discretion,”[5] and what Justice Sotomayor called “unfettered discretion” in her concurrence in Jones.[6] Supreme Court precedent contains powerful methods for limiting this sort of discretion, primarily in the second step of Fourth Amendment…
Category: U.S.
Federal court – warrantless search of protestor’s video cam violated Fourth Amendment
FourthAmendment.com points to a recent news story out of Oregon that searching a videocam without a warrant, even incident to an arrest, is a Fourth Amendment violation. Bryan Denson reports: The rules of engagement became clearer in Eugene’s U.S. District Court last week, when a civil jury determined that a city police sergeant violated an…
NH: House Bill Would Outlaw GPS Tracking
Sam Evans-Brown reports: The state House of Representatives has passed a bill that would ban the use of GPS devices to secretly track people. The bill would make such tracking illegal someone without a court order. Read more on NHPR.
Feds: We obtained MegaUpload conversations with search warrant
Greg Sandoval and Declan McCullagh report: One of the most curious aspects of the U.S. government’s case against MegaUpload is the large number of the company’s internal communications acquired by the FBI. In one exchange, MegaUpload managers fretted via Skype IM chat in 2007 that founder Kim Dotcom wasn’t “safe with his money” and “the…