Tag

Fourth Amendment

All articles tagged with #fourth amendment

politics1 month ago•15 min saved

Supreme Court Extends Fourth Amendment Protections to Third-Party Location Data

The Supreme Court ruled that cellphone location data held by third parties is protected as a Fourth Amendment search, limiting geofence warrants that sweep everyone in an area; in Chatrie v. United States the Court sent the case back to the Fourth Circuit to evaluate whether the multistep process meets the warrant's 'probable cause' and 'particularity' requirements, reinforcing privacy protections in the digital age.

via The Conversation|

#fourth-amendment #geofence-warrants #location-data

jurisprudence1 month ago•9 min saved

Kagan Expands Fourth Amendment Protections Against Fragmented Surveillance

In Chatrie v. United States, Justice Elena Kagan rejects evaluating surveillance piece-by-piece, holding the Fourth Amendment protects against comprehensive digital data collection—from location history to cloud data—regardless of duration, and extends Carpenter’s emphasis on what data reveals to modern technology, signaling stronger constitutional privacy against fragmented or voluntary data sharing.

via Slate Magazine|

#carpenter-v-united-states #digital-privacy #fourth-amendment

law1 month ago•5 min saved

SCOTUS Extends Fourth Amendment Protections to Geofence Warrants

The Supreme Court ruled 6-3 that geofence warrants—police requests for location data from smartphone users in a geographic area—are Fourth Amendment searches and must be protected by privacy safeguards, rejecting arguments that short-term data or voluntary sharing negate privacy interests and signaling tighter scrutiny of digital surveillance tools.

via The Guardian|

#fourth-amendment #geofence-warrants #law

law1 month ago•5 min saved

Supreme Court extends Fourth Amendment protection to location data held by tech firms

The Supreme Court ruled 6-3 that people have a privacy interest in their mobile-device location data, even when shared with tech companies, so police generally need a warrant to obtain it. The decision in Chatrie v. United States extends Fourth Amendment protections to data held by Google/Apple and narrows geofence warrants, with dissent from Alito, Barrett and Thomas.

via Politico|

#fourth-amendment #geofence-warrants #law

politics5 months ago•4 min saved

Georgia County seeks return of more than 650 boxes seized in 2020 election raid

Fulton County, Georgia, asks a federal court to return more than 650 boxes of 2020 election materials seized from its elections office by the FBI under a search warrant, arguing the seizure violated Fourth Amendment rights and should be kept for safekeeping pending the dispute. U.S. District Judge Jean-Paul Boulee will hear the case on Friday after previously denying a quest to compel FBI testimony; the DOJ says the county seeks to disrupt an ongoing federal investigation into election-record maintenance and potential irregularities.

via CBS News|

#2020-election #boulee #fbi

politics5 months ago•7 min saved

ICE Entry at Columbia: Detained Student Released After Outcry Over False Pretenses

A Columbia student, Elmina Aghayeva, was detained by ICE on campus but released after NYC Mayor Mamdani and President Trump intervened; ICE reportedly entered the building under false pretenses, with some sources saying agents posed as NYPD and Columbia security in a search for a “missing person,” prompting campus protests and concerns about Fourth Amendment rights; DHS cites visa issues, while university officials urge warrants for entry.

via The Intercept|

#columbia-university #fourth-amendment #ice

politics5 months ago•5 min saved

Ex-DOJ Officials Question FBI Fulton County Ballots Raid, Warn of Dangerous Precedent

Former DOJ officials allege the FBI used a misleading warrant to seize Fulton County's 2020 election records, arguing key context was omitted and warning that keeping copies of seized materials could set a dangerous precedent for future elections; Judge Boulee postponed testimony and urged an out‑of‑court resolution, while civil-rights groups seek to limit DOJ access to the records.

via Democracy Docket|

#2020-election #boulee #fbi-raid

politics6 months ago•5 min saved

Fulton County alleges FBI agent misled judge to seize 2020 election records

Fulton County officials allege an FBI agent misled a federal judge to obtain the warrant that led to the seizure of more than 650 boxes of election records, including original ballots, during the 2020 election probe. They’re pressing for the agent, Hugh Evans, to testify in a hearing ordered by a Trump-appointed judge, amid revelations that the affidavit relied on debunked election‑denier claims and may have failed to establish probable cause; a clerk holding the records, Che Alexander, has joined the lawsuit to recover the materials and challenges to the warrant’s execution and the seizure’s legality under the Fourth Amendment.

via Democracy Docket|

#2020-election #doj #fbi

politics6 months ago•78 min saved

DHS Scrambles After Ex-Lawyers Rebuke ICE's Administrative Warrants

Six former DHS general counsels publicly rebuked ICE’s use of administrative warrants, challenging Percival’s defense and underscoring the Fourth Amendment. In response, DHS reportedly circulated a media counterpiece and a leaflet to Democratic offices defending non-judicial warrants, as lawsuits and court orders escalate over ICE raids.

via The Daily Beast|

#administrative-warrants #dhs #fourth-amendment

politics6 months ago•15 min saved

A Judge's Witty Habeas Ruling Frees a 5-Year-Old Detained by ICE

Federal judge Fred Biery grants habeas relief for 5-year-old Liam Conejo Ramos and his father, turning a potentially routine order into a pointed rebuke of the Trump administration’s expansive view of executive power by weaving literature, history, and Scripture into a swift, morality-informed constitutional argument.

via The New York Times|

#executive-power #fourth-amendment #habeas-corpus

legal6 months ago•2 min saved

Lawsuit challenges ICE's warrantless home entries under new policy

Immigrant-rights groups filed a federal lawsuit in Boston challenging ICE's May policy allowing agents to enter homes to arrest people based on administrative warrants (Form I-205) issued by DHS, arguing the Fourth Amendment requires a judge's warrant. The policy, disclosed after a whistleblower complaint, marks a shift in ICE enforcement, while DHS says the warrants ensure due process and removal orders.

via NBC News|

#civil-rights-lawsuit #fourth-amendment #ice

politics6 months ago•9 min saved

Rand Paul Wields Senate Gavel to Scrutinize DHS After Minnesota Shootings

Sen. Rand Paul, chair of the Senate Homeland Security panel, is using his gavels to press DHS officials to testify and push for an independent probe into two Minnesota killings involving DHS agents, signaling a potential congressional check on immigration enforcement while weighing civil-liberties concerns and the implications for future DHS leadership.

via Politico|

#dhs #fourth-amendment #immigration-enforcement

politics7 months ago•6 min saved

King Slams ICE Tactics in Maine, Urges Guardrails and Dialogue

In a Face the Nation interview, Sen. Angus King criticizes ICE’s Maine operation ‘Catch of the Day,’ arguing it targets asylum seekers rather than dangerous criminals and has harmed communities in Portland, with schools and businesses feeling the impact. He calls for more accountable, constitutional enforcement, urges continued dialogue with DHS and the White House, and suggests separating DHS funding from other appropriations to avoid a government shutdown. He also labels the aggressive show of force as unnecessary and warnings about Fourth Amendment violations, advocating guardrails and clarity in interior enforcement.

via CBS News|

#fourth-amendment #ice #immigration

immigration7 months ago•3 min saved

ICE expands home entries with admin warrants, drawing civil rights scrutiny

ICE has begun entering residences without traditional judicial warrants, instead using administrative warrants authorized by a May 12, 2025 memo to arrest or detain people subject to removal orders in their homes. DHS confirms the policy is in use, but critics say it violates the Fourth Amendment and raises civil-liberties concerns. The memo followed a March 2025 DHS Office of General Counsel opinion, and the policy has been incorporated into training materials as enforcement actions, including in Los Angeles, have ramped up; the exact number of homes entered has not been disclosed.

via NBC News|

#administrative-warrants #fourth-amendment #ice

politics7 months ago•12 min saved

Ex-judge warns ICE's warrantless home raids threaten Fourth Amendment protections

A Conversation US interview with former federal judge John E. Jones III explains that ICE's policy permitting entry into homes without a judicial warrant — effectively an administrative warrant — undermines the Fourth Amendment's protections against unreasonable searches and seizures. The piece contrasts administrative with judicial warrants, notes how Fourth Amendment protections have grown with technology, and warns that such raids could lead to arrests that are illegal in principle, with limited avenues for remedy for those affected.

via The Conversation|

#fourth-amendment #ice #immigration