Category Archives: Search & Seizure

Essays on the issues of Search & Seizure

2015-10

CONSTITUTION THURSDAY

The Snowden Problem

nsa-detailsThe 2nd Court of Appeals rules that the NSA exceeded its authority and the Patriot Act by the collection of Metadata. But the problem of Edward Snowden remains…

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A Reasonable Mistake?

CONSTITUTION THURSDAY

The Saturday Podcast



brotA man is stopped for a broken taillight in a place where it is not illegal to have a broken taillight… from there things go down hill… fast.

What happens when a Police Officer makes a “reasonable error” in enforcing a law that doesn’t actually exist as the basis for a search and seizure?

And should the results of that search and seizure be admissible in Court? 

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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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