Search And Seizure Quotes

I’m adding ‘canine’ to my searches,” I said. “And ‘instinct.’” “Whatever. I’m adding ‘lunatic.

Civilian notions about unreasonable search and seizure and warrants and probable cause stop at an army post main gate.

He, Jeff, and Troy Lee carried Super Soakers loaded with Grandma Lee's Vampire Cat Remedy, other Animals had garden sprayers slung on their backs, except for Gustavo, who thought that making him carry a garden sprayer was racial stereotyping. Gustavo had a flame thrower. He wouldn't say where he got it. "Second Amendment, cabrones." (The guy who sold Gustavo his green card had included two amendments from the Bill of Rights and Gustavo had chosen Two and Four, the right to bear arms and freedom from unreasonable search and seizure. [His sister Estrella had had seizures as a child. No bueno.] For five bucks extra he threw in the Third Amendment, which Gustavo bought because he was already sharing a three-bedroom house in Richmond with nineteen cousins and they didn't have any room to quarter soldiers.)

held. This was before the U.S. Supreme Court changed all the laws on search and seizure. Fifty-eight of the most powerful mobsters in America were seized and hauled in by the police. Another fifty or so got away running through the woods. Also in 1957 the public was getting a close look at organized crime on TV every day during the televised sessions of the McClellan Committee Hearings on Organized Crime of the United States Senate.

The cops performed an illegal search and seizure. Brian was sobbing and lamenting about how his life was over. I honestly didn’t see the big deal. It was just pot for God’s sake! Clearly, I had never been to Texas. I felt bad for Brian. “Look, man,” I said, “just bail me out and

Don't come back till you have him!" the Ticktockman said, very quietly, very sincerely, extremely dangerously. They used dogs. They used probes. They used cardioplate crossoffs. They used teepers. They used bribery. They used stiktytes. They used intimidation. They used torment. They used torture. They used finks. They used cops. They used search&seizure. They used fallaron. They used betterment incentive. They used fingerprints. They used the Bertillon system. They used cunning. They used guile. They used treachery. They used Raoul Mitgong, but he didn't help much. They used applied physics. They used techniques of criminology. And what the hell: they caught him.

Search warrants designate a specific window of time during which the search must take place. Afterward, police must in a timely manner file a document with the court called a search-warrant return that lists exactly what was seized. It is then the judge’s responsibility to review the seizure to make sure that the police acted within the parameters of the warrant.

The idea of freedom is complex and it is all-encompassing. It’s the idea that the economy must remain free of government persuasion. It’s the idea that the press must operate without government intrusion. And it’s the idea that the emails and phone records of Americans should remain free from government search and seizure. It’s the idea that parents must be the decision makers in regards to their children's education — not some government bureaucrat. But most importantly, it is the idea that the individual must be free to pursue his or her own happiness free from government dependence and free from government control. Because to be truly free is to be reliant on no one other than the author of our destiny. These are the ideas at the core of the Republican Party, and it is why I am a Republican. So my brothers and sisters of the American community, please join with me today in abandoning the government plantation and the Party of disappointment. So that we may all echo the words of one Republican leader who famously said, "Free at last, free at last, thank God Almighty, we are free at last.

I will to my dying day oppose, with all the powers and faculties God has given me, all such instruments of slavery on the one hand and villainy on the other, as this Writ of Assistance is.

The jury hung at eleven to one. Promptly a new jury was impaneled. During the second trial a member of the jury came forward to report a bribe attempt. He was excused and replaced by an alternate. This jury found Jimmy Hoffa not guilty. A crushed Bobby Kennedy still had the perjury charge against Hoffa to fall back on. But not for long. The perjury indictment relied on wiretapped conversations between Johnny Dio and Jimmy Hoffa. The wiretap had been authorized pursuant to New York State law and was a valid search and seizure of the telephone conversation under existing New York law. Unfortunately for Bobby, this was the beginning of the age of the Warren Court’s expansion of its control over state and local police procedures. The U.S. Supreme Court ruled that such state-sanctioned wiretaps were unconstitutional and that any evidence obtained by the wiretaps or derived from them was “fruit of the poisonous tree.

The Fourth Amendment to the United States Constitution, intact for over 200 years, guaranteed that the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath of affirmation, and particularly describing the place to be searched, and the persons or things to be seized. After September 11th, 2001, those were just words on an old piece of paper, no longer a restriction of the Government’s overreaching power to shake down its subjects.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

With only a few exceptions, the Supreme Court has seized every opportunity to facilitate the drug war, primarily by eviscerating Fourth Amendment protections against unreasonable searches and seizures by the police. The rollback has been so pronounced that some commentators charge that a virtual “drug exception” now exists to the Bill of Rights.

The answer was Stellar Wind. The NSA would eavesdrop freely against Americans and aliens in the United States without probable cause or search warrants. It would mine and assay the electronic records of millions of telephone conversations—both callers and receivers—and the subject lines of e-mails, including names and Internet addresses. Then it would send the refined intelligence to the Bureau for action. Stellar Wind resurrected Cold War tactics with twenty-first-century technology. It let the FBI work with the NSA outside of the limits of the law. As Cheney knew from his days at the White House in the wake of Watergate, the NSA and the FBI had worked that way up until 1972, when the Supreme Court unanimously outlawed warrantless wiretaps. Stellar Wind blew past the Supreme Court on the authority of a dubious opinion sent to the White House the week that the Patriot Act became law. It came from John Yoo, a thirty-four-year-old lawyer in the Justice Department’s Office of Legal Counsel who had clerked for Justice Clarence Thomas. Yoo wrote that the Constitution’s protections against warrantless searches and seizures did not apply to military operations in the United States. The NSA was a military agency; Congress had authorized Bush to use military force; therefore he had the power to use the NSA against anyone anywhere in America. The president was “free from the constraints of the Fourth Amendment,” Yoo wrote. So the FBI would be free as well.

With only a few exceptions, the Supreme Court has seized every opportunity to facilitate the drug war, primarily by eviscerating Fourth Amendment protections against unreasonable searches and seizures by the police. The rollback has been so pronounced that some commentators charge that a virtual 'drug exception' now exists to the Bill of Rights. Shortly before his death, Justice Thurgood Marshall felt compelled to remind his colleagues that there is, in fact, 'no drug exception' written into the text of the Constitution.

Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievance ... Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Translation: If officers of the law want to go rooting through your life, they first have to go before a judge and show probable cause under oath. This means they have to explain to a judge why they have reason to believe that you might have committed a specific crime or that specific evidence of a specific crime might be found on or in a specific part of your property. Then they have to swear that this reason has been given honestly and in good faith. Only if the judge approves a warrant will they be allowed to go searching—and even then, only for a limited time. The

1689: King William of Orange guarantees his subjects (except Catholics) the right to bear arms for self-defense in a new Bill of Rights. 1819: In response to civil unrest, a temporary Seizure of Arms Act is passed; it allows constables to search for, and confiscate, arms from people who are “dangerous to the public peace.” This expired after two years. 1870: A license is needed only if you want to carry a firearm outside of your home. 1903: The Pistols Act is introduced and seems to be full of common sense. No guns for drunks or the mentally insane, and licenses are required for handgun purchases. 1920: The Firearms Act ushers in the first registration system and gives police the power to deny a license to anyone “unfitted to be trusted with a firearm.” According to historian Clayton Cramer, this is the first true pivot point for the United Kingdom, as “the ownership of firearms ceased to be a right of Englishmen, and instead became a privilege.” 1937: An update to the Firearm Act is passed that raises the minimum age to buy a gun, gives police more power to regulate licenses, and bans most fully automatic weapons. The home secretary also rules that self-defense is no longer a valid reason to be granted a gun certificate. 1967: The Criminal Justice Act expands licensing to shotguns. 1968: Existing gun laws are placed into a single statute. Applicants have to show good reason for carrying ammunition and guns. The Home Office is also given the power to set fees for shotgun licenses. 1988: After the Hungerford Massacre, in which a crazy person uses two semi-automatic rifles to kill fifteen people, an amendment to the Firearms Act is passed. According to the BBC, this amendment “banned semi-automatic and pump-action rifles; weapons which fire explosive ammunition; short shotguns with magazines; and elevated pump-action and self-loading rifles. Registration was also made mandatory for shotguns, which were required to be kept in secure storage.” 1997: After the Dunblane massacre results in the deaths of sixteen children and a teacher (the killer uses two pistols and two revolvers), another Firearms Act amendment is passed, this one essentially banning all handguns. 2006: After a series of gun-related homicides get national attention, the Violent Crime Reduction Act is passed, making it a crime to make or sell imitation guns and further restricting the use of “air weapons.

Right of the People." The first salient feature of the operative clause is that it codifies a "right of the people." The unamended Constitution and the Bill of Rights use the phrase "right of the people" two other times, in the First Amendment's Assembly-and-Petition Clause and in the Fourth Amendment's Search-and-Seizure Clause. The Ninth Amendment uses very similar terminology ("The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"). All three of these instances unambiguously refer to individual rights, not "collective" rights, or rights that may be exercised only through participation in some corporate body.

don’t feel like by purchasing a ticket or riding a bus [and having] to forfeit my constitutional rights and my protections and be subject to search or seizure.

new insight into out-of-body experiences (OBEs) has emerged from Swiss neurologist Olaf Blanke’s research on epileptic seizures. Searching for the source of a female patient’s epilepsy, Dr. Blanke used electrodes to map her brain, pairing brain areas with the functions each controlled. When he stimulated the angular gyrus, part of the TPJ, the patient had a spontaneous OBE. She reported to Blanke that she was looking down on herself from above. Blanke discovered that each time he stimulated that area, his patient would go into an OBE. Blanke theorizes that in the flood of information entering the TPJ, neural pathways in epileptics might get crossed, leading to a momentary release from the borders of one’s body. In meditation, this is a side effect of deliberate practice. A similar mechanism might be at work in near-death experiences (NDEs). Physician Melvin Morse, MD, had this thoughtful comment on the relationship of these brain states to objective reality: “Simply because religious experiences are brain-based does not automatically lessen or demean their spiritual significance. Indeed, the findings of neurological substrates to religious experiences can be argued to provide evidence for their objective reality.” By activating this hub of emotional intelligence, meditation upgrades a whole host of positive qualities, including altruism, adaptability, empathy, language skills, self-awareness, conscientiousness, and emotional balance.

That reprehensible ‘law’ is a flagrant violation of the freedom from unreasonable searches and seizures guaranteed to all citizens by the Fourth Amendment to the United States Constitution, and a stain on the conscience of every God-fearing man and woman,” I shot back.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

Courts and scholars agree that the Fourth Amendment governs all searches and seizures by the police

We hold that all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court.

Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence.

The point of the Fourth Amendment which often is not grasped by zealous officers is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.

For Penina Mezei petrify motive in folk literature stems from ancient, mythical layers of culture that has undergone multiple transformations lost the original meaning. Therefore, the origin of this motif in the narrative folklore can be interpreted depending on the assumptions that you are the primary elements of faith in Petrify preserved , lost or replaced elements that blur the idea of integrity , authenticity and functionality of the old ones . Motif Petrify in different genres varies by type of actor’s individuality, time and space, properties and actions of its outcome, the relationship of the narrator and singers from the text. The particularity of Petrify in particular genres testifies about different possibilities and intentions of using the same folk beliefs about transforming, says Penina Mezei. In moralized ballads Petrify is temporary or eternal punishment for naughty usually ungrateful children. In the oral tradition, demonic beings are permanently Petrifying humans and animals. Petrify in fairy tales is temporary, since the victims, after entering into the forbidden demonic time and space or breaches of prescribed behavior in it, frees the hero who overcomes the demonic creature, emphasizes Mezei. Faith in the power of magical evocation of death petrifaction exists in curses in which the slanderer or ungrateful traitor wants to convert into stone. In search of the magical meaning of fatal events in fairy tales, however, it should be borne in mind that they concealed before, but they reveal the origin of the ritual. The work of stone - bedrock Penina Mezei pointed to the belief that binds the soul stone dead or alive beings. Penina speaks of stone medial position between earth and sky, earth and the underworld. Temporary or permanent attachment of the soul to stone represents a state between life and death will be punished its powers cannot be changed. Rescue petrified can only bring someone else whose power has not yet subjugated the demonic forces. While the various traditions demons Petrifying humans and animals, as long as in fairy tales, mostly babe, demon- old woman. Traditions brought by Penina Mezei , which describe Petrify people or animals suggest specific place events , while in fairy tales , of course , no luck specific place names . Still Penina spotted chthonic qualities babe, and Mezei’s with plenty of examples of comparative method confirmed that they were witches. Some elements of procedures for the protection of the witch could be found in oral stories and poems. Fairy tales keep track of violations few taboos - the hero , despite the ban on the entry of demonic place , comes in the woods , on top of a hill , in a demonic time - at night , and does not respect the behaviors that would protect him from demons . Interpreting the motives Petrify as punishment for the offense in the demon time and space depends on the choice of interpretive method is applied. In the book of fairy tales Penina Mezei writes: Petrify occurs as a result of unsuccessful contact with supernatural beings Petrify is presented as a metaphor for death (Penina Mezei West Bank Fairytales: 150). Psychoanalytic interpretation sees in the form of witches character, and the petrification of erotic seizure of power. Female demon seized fertilizing power of the masculine principle. By interpreting the archetypal witch would chthonic anima, anabaptized a devastating part unindividualized man. Ritual access to the motive of converting living beings into stone figure narrated narrative transfigured magical procedures some male initiation ceremonies in which the hero enters into a community of dedicated, or tracker sacrificial rites. Compelling witches to release a previously petrified could be interpreted as the initiation mark the conquest of certain healing powers and to encourage life force, highlights the Penina.

The Fourth and Fifth Amendments of the Constitution, which were established to protect us from unwarranted intrusion by the government into our private lives, may still technically be law but they have been judicially abolished. The Fourth Amendment was written in 1789 in direct response to the arbitrary and unchecked search powers that the British had exercised through general warrants called “writs of assistance”, which played a significant part in fomenting the American Revolution. The amendment limits the sate’s ability to search and seize to a specific place, time, and event approved by a magistrate. It is impossible to square the bluntness of the Fourth Amendment with the arbitrary search and seizure of all our personal communications.

The U.S. would have to “reinterpret” the Constitution to provide for preemptive searches and seizures when atomic terrorism was involved. Remarkably, over the decades ahead, in almost every respect, the path the Alsops laid out in 1946 was almost precisely the one United States would take. •

Stellar Wind blew past the Supreme Court on the authority of a dubious opinion sent to the White House the week that the Patriot Act became law. It came from John Yoo, a thirty-four-year-old lawyer in the Justice Department’s Office of Legal Counsel who had clerked for Justice Clarence Thomas. Yoo wrote that the Constitution’s protections against warrantless searches and seizures did not apply to military operations in the United States. The NSA was a military agency; Congress had authorized Bush to use military force; therefore he had the power to use the NSA against anyone anywhere in America. The

tax collector’s booth. Most people in the Roman Empire did not like tax collectors; Jewish people viewed them as traitors. For assessment purposes, tax collectors were allowed to search anything except the person of a Roman lady; any property not properly declared was subject to seizure. In Egypt, tax collectors were sometimes so brutal that they were known to beat up aged women in an attempt to learn where their tax-owing relatives were hiding. Ancient documents reveal that when harvests were bad, on occasion an entire village, hearing that a tax collector was coming, would leave town and start a village somewhere else. People sometimes paid tax collectors bribes to prevent even higher fees being extorted. Some scholars consider Levi a customs officer who would charge tariffs on goods passing through Capernaum. Such tariffs were small by themselves (often less than 3 percent) but drove up the cost of goods because they were multiplied by all the borders they passed through. Customs officers could search possessions; customs income normally went to local governments run by elites who were cooperative with Rome. Others regard Levi as collecting taxes from local residents, likely working especially for agents of Galilee’s ruler, Herod Antipas.

The routine police harassment arbitrary searches and widespread police intimidation of those subject to English rule helped to inspire the American Revolution. Not surprisingly, then, preventing arbitrary searches and seizures by police was deemed by the Founding Fathers an essential element of the US Constitution. Until the War on Drugs, courts had been fairly stringent about enforcing the Fourth Admendent's requirements.

place. With the world in turmoil, America has generally managed to honor its egalitarian principles and, though some people might disagree, to maintain the basic rights guaranteed to citizens in its founding documents. Freedom to worship as one pleases. Freedom to speak one’s mind. Freedom against unreasonable searches and seizures. Freedom to own a firearm. These are precious liberties, ones that are rare in the world. Freedom together with other promises--such as freedom of assembly and of the press–is standard nowhere else.

Someone nudged her elbow, interrupting her reverie. “Hello? Anyone there?” The question came from Rylann’s roommate, Rae Mendoza, who was seated at her right. “I’m here. Just…picturing myself at the pool.” Rylann tried to hold on to the mirage for a few moments longer. “It’s sunny and seventy-five degrees. I’ve got some kind of tropical drink with one of those little umbrellas in it, and I’m reading a book—one I don’t have to highlight or outline in the margins.” “They make those kinds of books?” “If memory serves..." “I hate to burst the bubble on your daydream, but I’m pretty sure they don’t allow alcoholic drinks at IMPE,” Rae said, referring to the university’s Intramural Physical Education building, which housed said pool. Rylann waved off such pesky details. “I’ll throw a mai tai in my College of Law thermos and tell people that it’s iced tea. If campus security gives me any trouble, I’ll scare them off with my quasi-legal credentials and remind them of the Fourth Amendment’s prohibitions against illegal searches and seizures.” “Wow. Do you know how big of a law school geek you just sounded like?” Unfortunately, she did. “Do you think any of us will ever be normal again?” Rae considered this. “I’m told that somewhere around third year, we lose the urge to cite the Constitution in everyday conversation.” “That’s promising,” Rylann said. “But seeing how you’re more of a law geek than most, it might take you longer.” “Remember that conversation last night when I said I was going to miss you this summer? I take it back

Fourth Amendment reasonableness balances the advancement of government interests against the intrusion of the government’s acts. An officer should only be permitted to invoke a legal standard based on a different government’s interests when that government has recognized that enforcement as genuine and legitimate. Permitting cross-enforcement without authorization would permit an officer to piggyback on government interests that his searches and seizures are unlikely to advance. Authorization provides the best signal that an officer’s conduct genuinely advances the government interests used that justify it. When a government is silent on who can enforce its laws, questions of constitutional history and structure justify different presumptions. State officers should be allowed to search or seize to enforce federal criminal laws unless Congress has forbidden it. On the other hand, federal officers should not be allowed to search or seize to enforce state law unless state statutory or caselaw affirmatively allows it.

In seven counties it was necessary to issue search and seizure warrants or arrest warrants or both compelling colonial prothonotaries to turn over records to the Revolutionary government.Robert L.Brunhouse, The Counter-Revolution in Pennsylvania, 1776-1790 (Harrisburg, Pa.,1971), 35-36.

Massachusetts’s search and seizure provision was the work of John Adams, who had been so strongly moved by Otis’s monumental speech nearly twenty years earlier. Through Adams, Article XIV of the Massachusetts Declaration of Rights declared: “Every subject has a right to be secure from all unreasonable searches, and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to the civil officer, to make search in suspected places, to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the person or objects of search, arrest, or seizure: and no warrant ought to be issued but in cases and with the formalities, prescribed by the laws.

When Madison began his fight in the House for amendments protecting personal liberties, he was without a single supporter. He intended to convince the great body of Americans who withheld their approval of the Constitution because they felt it should secure them against governmental abuse. When he proposed an amendment on searches and seizures, he opted for granting the maximum protection possible at the time: “The rights of the people to be secured in their persons, their houses, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized.” He dropped the questionable “ought not” for the assertive “shall not,” he contributed the significant phrase “probable cause,” and above all, he granted rights to the people, not just restrictions on the government. After deliberations, the House adopted Madison’s wording with only two minor changes: “rights” became “right,” and “secured” became “secure.” The final wording was as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment IV – Search and seizure. Ratified 12/15/1791. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The rights of the people to be secured in their persons; their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized.

To the extent there exists any inconsistency between Robinson and Ingle, any uncertainty by commentators, or any “confusion among courts” … , stopping a vehicle for a traffic infraction requires probable cause; stopping a vehicle for suspicion of criminal activity requires less: “reasonable suspicion that the driver or occupants of the vehicle have committed, are committing, or are about to commit a crime”.

Border security” means running random checkpoints anywhere within one hundred miles of the U.S.-Mexico border, a Constitution-free zone in which agents can stop your car, inspect your belongings, and ask for your papers, regardless of your immigration status. (The Fourth Amendment does not allow for citizens to be subjected to random search and seizures, but in the interest of “national security,” the Fourth Amendment does not apply within a hundred miles of the border.)

Our efforts for the recognition of the Confederate States by the European powers, in 1861, served to make us better known abroad, to awaken a kindly feeling in our favor, and cause a respectful regard for the effort we were making to maintain the independence of the States which Great Britain had recognized, and her people knew to be our birthright. On the 8th of November, 1861, an outrage was perpetrated by an armed vessel of the United States, in the forcible detention, on the high-seas, of a British mail steamer, making one of her regular trips from one British port to another, and the seizure, on that unarmed vessel, of our Commissioners, Mason and Slidell, who with their secretaries were bound for Europe on diplomatic service. The seizure was made by an armed force against the protest of the Captain of the vessel, and of Commander Williams, R.N., the latter speaking as the representative of her Majesty's Government. The Commissioners only yielded when force, which they could not resist, was used to remove them from the mail-steamer, and convey them to the United States vessel of war. This outrage was the more marked because the United States had been foremost in resisting the right of "visit and search," and had made it the cause of the War of 1812 with Great Britain.

As Lenin repeatedly puts it, it is as if, before the revolutionary agent risks the seizure of the state power, it should get permission from some figure of the big Other (organize a referendum which will ascertain that the majority supports the revolution). With Lenin, as with Lacan, the revolution ne s'autorise que d'elle-meme: one should assume the revolutionary act not covered by the big Other - the fear of taking power 'prematurely', the search for a guarantee, is the fear of the abyss of the act.

seizure-alert

other words, the American colonists grew tired of illegal search and seizures (TSA PAT DOWN ANYONE???), onerous taxes going to the King of England, homes being seized, and private property confiscated or commandeered by soldiers

The Court held that the exclusionary rule may be applied only if police intentionally or recklessly violate the Fourth Amendment or only if police department violations with regard to searches and seizures are systemic.

In the mean time, Captain Wilkes, commander of the vessel which had made the visit and search of the Trent, returned to the United States and was received with general plaudit, both by the people and the Government. The House of Representatives passed a vote of thanks, an honor not heretofore bestowed except for some deed deserving well of the country. In the midst of all this exultation at the seizure of our Commissioners on board of a British merchant-ship, came the indignant and stern demand for the restoration of those Commissioners to the British protection from which they had been taken, and an apology for the aggression.

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Just a few months into my tenure in the Senate, the Senate Judiciary Committee convened a hearing on Feinstein’s renewed assault weapons ban, which included a hundred-page list of prohibited and permitted firearms. Sitting on the far side of the panel as the committee’s second most junior Republican, I noted that the operative language of the Second Amendment—“the right of the people to keep and bear arms shall not be infringed”—is the same as the operative language in the First Amendment and the Fourth Amendment, which protect “the right of the people peaceably to assemble” and “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” I then asked a simple question of Senator Feinstein: Would she deem it consistent with the Bill of Rights for Congress to engage in the same endeavor that we are contemplating doing with the Second Amendment in the context of the First or Fourth Amendment? Namely, would she consider it constitutional for Congress to specify that the First Amendment shall apply only to the following books and shall not apply to the books that Congress has deemed outside the protection of the Bill of Rights? Likewise, would she think that the Fourth Amendment’s protection against searches and seizures could properly apply only to the following specified individuals and not to the individuals that Congress has deemed outside the protection of the Bill of Rights?

Unanimous. All nine justices. Cops need a warrant to search your cell phone.” “Surprising outcome, don’t you think?” “Not at all. The justices don’t have bags of cocaine in the trunks of their cars, so the drug seizure cases usually go the government’s way. But every justice has a cell phone.

The administration monitored journalists. Attorney General Eric Holder approved the seizure of personal and business phone records of Associated Press reporters en masse (i.e., not a particularized search targeting a specific journalist suspected of wrongdoing).

The debate among feminists about pregnancy benefits has had dramatic implications for the legal status of the right to choose abortion itself. As Ginsburg noted in a 1986 article, “The characterization of pregnancy discrimination as sex discrimination, requires the comparative analysis of the equal protection model. Its emphasis is on what is not unique about the reproductive process of women.” By contrast, the difference that feminists focus on is what is unique about childbirth. They advocate special treatment for pregnant women based on their premise that men and women are not “similarly situated” because of their reproductive differences. This was the same premise that Justice Stewart had invoked in his 1974 holding that discrimination against pregnant women is permissible. That’s why Ginsburg’s insistence that discrimination on the basis of pregnancy is a form of discrimination on the basis of sex is so central to her search for alternatives to the right to privacy, which does not appear explicitly in the Constitution, as a firm legal basis for protecting women’s reproductive rights. Ginsburg has been far more willing to enforce privacy rights for women when they can be tied to the text of the Constitution, such as the Fourth Amendment’s prohibition against unreasonable searches and seizures.

There is no right of privacy written into the Constitution. There is the Fourth Amendment, protecting people against unreasonable searches and seizures. But there is a notion, an important notion, of liberty—that we should have liberty to carry on with our lives without Big Brother Government looking over our shoulder. That idea has come from the guarantee, the due process guarantee of liberty, rather than an explicit right of privacy.

Because Nettles was on parole for a felony conviction, Ballard did not need to jump through most of the constitutional hoops that protected citizens from unlawful search and seizure. By legal definition, being on parole from prison meant Nettles was still in the custody of the state. By accepting parole he had given up his protections. His parole agent was allowed to access his home, vehicle, and workplace without so much as a nod from a judge.

THE GLEBE MOUNT HOUSE debriefing in August 1944, the 82nd’s regimental and battalion commanders concluded that the troops should be trained to assemble more quickly and to send out search parties for the equipment bundles. “It is most important, however, that the hours of darkness be used for the seizure of key points and objectives. The enemy reaction becomes increasingly violent with daylight.

Whether this inference is right or—as another biographer maintains—wrong, Stanley’s painful inhibitions are a reminder that the adventurers who carried out the European seizure of Africa were often not the bold, bluff, hardy men of legend, but restless, unhappy, driven men, in flight from something in their past or in themselves. The economic explanations of imperial expansion—the search for raw materials, labor, and markets—are all valid, but there was psychological fuel as well.

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