Good Supreme Court Decision on Warrantless Searches

May 18th, 2011

By Dan Miller Criminals have constitutional rights and so do the rest of us. In Kentucky v. King, the Supreme Court struck an appropriate balance between the rights of those who violate the laws and the rest of us who depend on the police to enforce them. The decision in no way resembles that of […]


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Does the Fourth Amendment Apply to Emails?

December 21st, 2010

By Dan Miller Yes, says the Sixth Circuit. But the consequences remain murky. In U.S. v. Warshak, the United States Court of Appeals for the Sixth Circuit held that email correspondence enjoys substantially the same expectations of privacy and therefore of Fourth Amendment protections as do snail mail and telephone conversations. Warshak was a criminal […]


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TSA “Strip and Grope”: Meet the Fourth Amendment

November 16th, 2010

By Dan Miller The new airport security measures meet the definition of “unreasonable search.” UPDATE: Former TSA Assistant Administrator admits that the ‘strip and grope’ violates the Fourth Amendment. *  *  * Under the Fourth Amendment to the Constitution: The right of the people to be secure in their persons, houses, papers, and effects, against […]


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