Search And Seizure

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The DEA’s "Cold Consent" Encounters: Definitely Cold, Not So Consensual

The DEA’s "Cold Consent" Encounters: Definitely Cold, Not So Consensual

By Hugh Handeyside, Staff Attorney, ACLU National Security Project at 5:25pm
When law enforcement officers stop and question people for no particular reason, or in the case of the Drug Enforcement Administration, based on a vague perception that a person exhibits "characteristics indicative of drug trafficking," is it any wonder that allegations of racial profiling result?
The Police's Get-Out-of-Jail-Free Card

The Police's Get-Out-of-Jail-Free Card

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 2:07pm

This piece originally appeared at Slate's Jurisprudence, under the title, "Search Party."

It used to be that when police violated a suspect's Fourth Amendment rights through an unconstitutional search, evidence derived from the search would…

Odds Are, You Are Suspicious

Odds Are, You Are Suspicious

By Samia Hossain, William J. Brennan Fellow, ACLU Speech, Privacy, & Technology Project at 9:55am

When you get off a train, do you get off ahead of passengers? Or do you get off behind passengers? When you're going on a trip, do you come off as nervous? Or are you an unusually calm traveler? How about if you make a phone call at a station, do you…

Blurred photo of Supreme Court building

How the Supreme Court Could Have Ruled in Riley

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 11:17am

Privacy advocates are celebrating the Supreme Court’s recognition in yesterday’s Riley v. California ruling that, as some have succinctly put it, “digital is different.” Chief Justice Roberts’s 9-0 opinion in the case is straightforward and…

Dragneting the Modern Media

Dragneting the Modern Media

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 4:40pm

We're used to talking about press freedoms in the context of the First Amendment: "Congress shall make no law . . . abridging the freedom . . . of the press." But, especially in light of the ACLU's recent FBI report, Unleashed and Unaccountable, we…

New Document Sheds Light on Government’s Ability to Search iPhones

New Document Sheds Light on Government’s Ability to Search iPhones

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy, and Technology Project & Naomi Gilens, ACLU Speech, Privacy and Technology Project at 10:11am

Cell phone searches are a common law enforcement tool, but up until now, the public has largely been in the dark regarding how much sensitive information the government can get with this invasive surveillance technique. A document submitted to court…

ACLU Lens: ACLU Tells Supreme Court Warrantless Blood Tests of DWI Suspects Not Justified

ACLU Lens: ACLU Tells Supreme Court Warrantless Blood Tests of DWI Suspects Not Justified

By Steve Gosset, ACLU at 3:33pm

The ACLU told the U.S. Supreme Court today that warrantless blood tests of drunken driving suspects should not be allowed, especially when a search warrant could be obtained in a timely fashion.

The ACLU represents Tyler McNeely, the respondent…

Vermont Supreme Court Agrees with the ACLU on Electronic Search Limits

Vermont Supreme Court Agrees with the ACLU on Electronic Search Limits

By Dan Barrett, Staff Attorney, ACLU of Vermont, ACLU of Vermont at 12:20pm

The Vermont Supreme Court gave electronic privacy a big boost this morning when it approved restrictions placed upon police when conducting searches of electronic devices.

The case originated when police in Burlington, Vermont were investigating…

ACLU Sues Over Abuse Of Photographers By Border Patrol Agents

ACLU Sues Over Abuse Of Photographers By Border Patrol Agents

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy & Technology Project at 1:42pm

The ACLU of San Diego filed a lawsuit today against the U.S. Customs and Border Protection agency (CBP) for violating the constitutional rights of two photographers, and for maintaining an official policy prohibiting the use of cameras and video recorders…

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