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5 posts tagged with 4thamendment and fourthamendment. (View popular tags)
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A new twist in the controversy over the (ab)use of tasers. A judge in Niagara County, NY
has decided that tasing a suspect who refused to submit to DNA testing was a reasonable use of force. Ryan Smith, accused of robbery and kidnapping, already submitted one sample, which was contaminated when the government sent it to the wrong laboratory, and refused to give one a second time. The police asked a prosecutor what to do. His response: they could use force to get the sample, but as little as possible. So they tased Smith, who then submitted to the buccal swab.
[more inside]
posted by R_Nebblesworth
on Jun 5, 2009 -
157 comments
Yesterday the U.S. Supreme Court held in a
5-3 decision (.pdf) that police may not search a home if any inhabitant of the home is present and objects to the search, even if another inhabitant consents. The Court drew what it acknowledged is a “fine line” – if a co-inhabitant is at the door and objects, the police can’t enter; but if the co-inhabitant is somewhere else – even in a nearby police car – and has no opportunity to object, then police don’t need his or her consent. Chief Justice Roberts issued his first written dissent, blasting the majority’s “random” and “arbitrary” rule and suggesting that the ability of police to respond to domestic violence threats could be compromised. The
zingers in the footnotes may reveal “strains behind the surface placidity and collegiality of the young Roberts court.”
posted by brain_drain
on Mar 23, 2006 -
88 comments
The ACLU wants to protect your privacy from government electronic surveillance programs like Echelon and Carnivore. Their
full page ad in today's NYT claims
4th amendment rights are being violated by the US government, which is overstepping their bounds, and nearly free of up-to-date laws. Is it to late or can anything be done to protect civilian electronic communication?
posted by mathowie
on Apr 15, 2001 -
7 comments
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