Today our firm filed an amicus brief in the U.S. Supreme Court in support of a petition for certiorari in a case involving a Fourth Amendment violation where a person’s whereabouts were tracked for months by seizing his cell site location information. We argued against the Supreme Court’s “third-party doctrine,” which holds that a person does not have a “reasonable expectation of privacy” if he voluntarily gives information to third parties. Further, the brief relied on the Court’s recently reinvigorated property rights basis of the Fourth Amendment, urging the Court to consider a person’s cell phone data and location as his property even though not a physical object.
This morning, the American Thinker published Jeremiah Morgan’s article about the amicus brief we filed in Manuel v. City of Joliet. The U.S. Supreme Court will hear oral argument in this case on Wednesday, October 5. The article explains why victims of police misconduct should be able to bring a Fourth Amendment based suit when police fabricate evidence to obtain an indictment.
Today,we filed our third brief opposing NSA’s program of “Upstream” Internet surveillance of Americans. Our brief urges the Fourth Circuit to reverse the decision of the District Court in Maryland which found that neither Wikimedia Foundation — which runs Wikipedia — nor the other plaintiffs in the case, had standing to challenge that surveillance.
Today we filed a brief in the U.S. Supreme Court urging the High Court to reverse decisions from the Supreme Court of North Dakota and Minnesota which authorized police to force drivers to submit to warrantless blood and breath tests. We urge the Court to apply to principles of its prior decisions in United States v. Jones, and Florida v. Jardines, which re-established the property basis of the Fourth Amendment. We oppose reliance on the modern notion that the Fourth Amendment only protected a nontextual “expectation of privacy” — a false notion on which the two state supreme courts relied.
SCOTUSblog published a preview of the oral argument in Rodriguez v. United States, and discussed our amicus brief:
“One amicus brief was filed in support of each side. While the parties avoid the question whether a dog sniff is a “search,” the U.S. Justice Foundation argues in support of Rodriguez that the Jardines and Jones decisions should call Caballes into question on this point, and that a dog sniff of one’s car should not be allowed without independent Fourth Amendment justification. Pitching a portion of its argument, apparently, at common-law enthusiasts such as Justice Scalia and Justice Clarence Thomas, this amicus brief cites political philosopher John Locke from 1690 (about property rights, not cars, of course).”
Today, our firm filed an amicus curiae brief in the U.S. Supreme Court, urging that the Fourth Amendment be applied to all searches and seizures of automobiles. We asked the Court to leave no latitude for judges to compromise away the constitutionally-protected civil liberties of Americans to serve the “needs” of law enforcement.
Today, our firm filed an amicus curiae brief in the U.S. Supreme Court in support of a North Carolina man who challenged the constitutionality of his traffic stop. A police officer pulled Heien over because his car’s right rear brake light was not functioning properly. However, North Carolina law requires only one working rear “lamp.”
Herb Titus was a featured speaker on May 2, 2014 at the 8th Annual Conference on Eminent Domain held at Tides Inn, Irvington, Virginia on May 1 and 2. Consistent with the theme of this year’s conference – Charting New Territory — Herb’s topic was “Can a 4th Amendment Search and Seizure Become a 5th Amendment Taking?”
This morning, the American Thinker published an article by Robert Olson, Herb Titus, and Bill Olson about the property rights basis of the Fourth Amendment and how it bears on the U.S. Supreme Court’s consideration of warrantless searches of cell phones. We previously filed an amicus brief in the case addressing this issue — United States v. Wurie.
On April 9, 2014, we filed an amicus curiae brief in the case of United States v. Wurie. The issue before the court is whether arresting officers can search the cell phone of a person arrested without a warrant. However, the underlying issue in Wurie and its companion case, Riley v. California, is whether the Court will continue to apply its evolving reasonable expectation of privacy test birthed in Katz v. United States to searches incident to arrest, or instead continue with its restoration of property principles begun inUnited States v. Jones and Florida v. Jardines.
President Obama announced that his Administration would do all in its power to stop gun violence. By that he seems to have meant reducing private ownership of firearms. Now, it turns out that he is not just doing things within his presidential power to achieve that objective – he is usurping legislative power to amend statutes unilaterally.
Every day we read about SWAT teams serving arrest warrants or search warrants at people’s homes, using no-knock raids in the middle of the night. Many of these police home invasions go wrong, with innocent people being shot, and sometimes killed, just because they were trying to defend themselves. Even criminals have learned to claim that they are the police while breaking into homes, to discourage resistance.
Today both the U.S. Justice Foundation and the Western Center for Journalism published an article by Bill Olson & Herb Titus on the implications of Clapper v. Amnesty International which was argued this morning in the U.S. Supreme Court. On September 24, 2012, our firm filed an amicus brief in the case, which involves the FISA Amendments Act of 2008.
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