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Posts tagged "Illegal Search and Seizure"

Supreme Court: It's reasonable to assume a driver is car's owner

The Fourth Amendment of the United States Constitution prohibits "unreasonable" searches and seizures by the government, including police officers. A search or seizure can be anything from a momentary stop to a full search and arrest. Over the years, courts have worked hard to determine what should be considered "reasonable."

Law enforcement increasingly using 'reverse search warrants'

Traditionally, search warrants only went one direction. A crime was committed or suspected, and the police would investigate. Witnesses would be contacted. A theory would be developed. When the police had probable cause to search for evidence, they got a search warrant and searched.

At border and airports, agents need suspicion to search devices

If you have been annoyed at having your smartphone searched at the airport, you'll be interested to hear this. It turns out that agents need reasonable suspicion that you're involved in something illegal before they can perform such a search.

Can DEA agents search people on Amtrak?

The next time you ride Amtrak, you may encounter an agent from the Drug Enforcement Administration asking you to allow a search of your belongings. Don't consent -- especially if you have something to hide.

SCOTUS allows warrantless blood draws from unconscious drivers

If you are pulled over for OWI, stay awake. You lose some of the constitution's protection if you pass out, according to a new ruling by the U.S. Supreme Court. If you remain awake, law enforcement officers must obtain a warrant before drawing your blood for a chemical test. If you're unconscious, however, they can draw your blood without bothering to get a warrant.

Study of 100 mln traffic stops finds pervasive racial disparities

"Driving while black" isn't a real crime, but it might as well be. African-Americans and people of color persistently report being stopped, searched, cited and even arrested for traffic offenses in situations where white people probably wouldn't be. Yet people of color don't break the law at a higher rate than whites. If anything, a recent study found, whites are more likely to do so.

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