Although rarely recognized, Justice Scalia often safeguarded the Fourth Amendment rights of criminal defendants. He did so in an era where, through our email accounts, the government could learn more about us than if it searched our cars or homes. So how does a court
Earlier this month, the House Judiciary Committee held the first of a series of hearings on the Foreign Intelligence Surveillance Amendments Act (FISA Amendments Act). Controversial provisions of the FISA Amendments Act, which have provided the basis for mass surveillance arguably in violation of the
To be sure, being stripped naked and visually inspected by strangers is a violation of basic dignity and personal privacy, especially in the absence of any suspicion of risk. Kennedy’s “balance” of privacy and security needs sure seems like more of a complete sacrifice
Noah and Matt are joined in the studio this week by HarvardCRCL.org Technology and Privacy blogger Andrew Mamo. Matt fills us in on the recent Supreme Court decision in Florence v. Board of Freeholders and the potential impact of a blanket rule allowing strip
There is something different about privacy rights in a world where we are constantly leaking our own personal information and storing the information of others. While privacy rights are not coterminous with property rights, there remains an important connection between the two.
This past Monday, Fourth Amendment watchers began gathering at the Supreme Court on the eve of oral argument in United States v. Jones. Narrowly, the case was to resolve a circuit split on whether law enforcement can surreptitiously place a GPS device on a car,
On November 8th the Supreme Court is to hear oral argument for the case United States v. Jones, which questions the constitutionality of warrantless GPS tracking. The blog Threat Level has asserted that this case is one of the most significant Fourth Amendment cases to be
Last month, Governor Rick Scott of Florida signed a bill requiring Temporary Assistance for Needy Families recipients to undergo drug testing. If a recipient tests positive for drugs, she or he becomes ineligible for benefits. Critics' Fourth Amendment arguments against the legislation may ultimately lead