It’s not just the online world: Court Limits Protection Against Improper Entry
Evidence found by police officers who enter a home to execute a search warrant without first following the requirement to “knock and announce” can be used at trial despite that constitutional violation, the Supreme Court ruled on Thursday.
A Times editorial: The Don’t-Bother-To-Knock Rule
For those who worry that Chief Justice John Roberts and Justice Samuel Alito will take the court in a radically conservative direction, it is sobering how easily the majority tossed aside a principle that traces back to 13th-century Britain, and a legal doctrine that dates to 1914, to let the government invade people’s homes.
The opinion: Hudson v. Michigan
And, of course, there’s this demonstration that “state’s rights” are only something the Administration supports when it gives the social conservatives cover: New Jersey Demands Data on Phone Call Surveillance and Is Sued by U.S.
The New Jersey attorney general has issued subpoenas to five telephone companies to determine whether any of them violated the state’s consumer protection laws by providing records to the National Security Agency. Experts say it is the first legal move by a state to question the agency’s program to compile calling records to track terrorist activities.
On Wednesday, the United States filed a lawsuit to block the subpoenas, setting up a legal showdown pitting the state’s authority to protect consumers’ rights against the federal government’s national security powers.
“People in New Jersey and people everywhere have privacy rights,” the state’s attorney general, Zulima V. Farber, said on Thursday. “What we were trying to determine was whether the phone companies in New Jersey had violated any law or any contractual obligations with their consumers by supplying information to some government entity, simply by request, and not by any court order or search warrant.”
On top of yesterday’s posting, it’s hard not to believe O’Harrow’s assertion that there’s No Place To Hide (although Solove’s book is more scholarly, it’s chilling to realize that he uses most of the same examples/cases as O’Harrow does in his screed.)
Later: On the upside, Fafblog is back in action - see 6/10 Changed Everything