Category Archives: 4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Saturday Podcast – Inadvertent DNA



 

DNA022415-800x500In Maryland, the High Court rules that a man who sweated on a chair and was convicted of rape based on that DNA sample, which he declined to give voluntarily. Does this mean that we have to wear clean suits everywhere from now on? The two conditions the Court says are necessary to satisfy the 4th Amendment. What lessons are there for us based on the idea that inadvertently shed DNA is now open game for Law Enforcement?


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DEA Used a Woman’s Private Photos to Catfish Drug Dealers on Facebook

The DEA used her Cell phone to get the pictures to set up a phony Facebook page to lure Drug Dealers. So the questions are (a) was there a warrant to search the phone? (b) Was there a warrant to seize the pictures? (c) Are there not privacy issues here?

The Government “settled” the case without admitting any wrongdoing.

Comments?

The Supreme Rules

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.  – ARTICLE II, SECTION 2, CLAUSE 3

The Supreme Court issues several rulings in which the LPOV crew are particularly interested, including search warrants for cell phones, free speech and religion and the Recess Appointments made by the President.

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