No-warrant ICE raids violate Fourth Amendment, says former judge | Opinion

ICE claims power to enter homes without a judge’s warrant. A former federal judge explains why that guts the Fourth Amendment and endangers everyone.
Reason

The First Amendment, the Fourth Amendment, and Substantial Encouragement

Part of the Murthy v. Missouri challengers' claim is that the First Amendment bans the government from even "substantially encouraging" private entities to block user speech. And as I noted in the ...
Opinion
Security BoulevardOpinion

Mass Data, Mass Surveillance, and the Erosion of Particularity: The Fourth Amendment in the Age of Geofence Warrants and Artificial Intelligence

The Supreme Court’s review of United States v. Chatrie puts geofence warrants and mass digital data seizures under Fourth Amendment scrutiny, raising urgent questions about particularity, AI-driven ...
Reason

Internet Preservation and the Fourth Amendment—Case Updates, Part I

It is a common practice among criminal investigators to "preserve" Internet accounts without cause. When an investigator learns that a suspect has a Facebook or email account, the investigator will ...
JD Supra

The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence

How long can the government keep your property after lawfully seizing it? According to the D.C. Circuit in a recent decision, as long as the continued possession is still reasonable under the Fourth ...