Topic: Fourth Amendment

As we've all been distracted...
As we've all been distracted... June 17, 2022 Olivia Murray Federal agents now have hermetic immunity when violating the Fourth Amendment.
Justice Kagan's 'white supremacist' defense of the home and liberty
Justice Kagan's 'white supremacist' defense of the home and liberty June 29, 2021 Mark J. Fitzgibbons U.S. Supreme Court justice Elena Kagan sided with the so-called "white supremacy" of Anglo-American common law in limiting the ability of police to enter homes without a warrant.
Why the FISA memo could lead to perjury convictions of Comey & Co.
Why the FISA memo could lead to perjury convictions of Comey & Co. February 3, 2018 Mark J. Fitzgibbons Comey's legal peril is real.
SCOTUS and the Spy in Your Pocket
SCOTUS and the Spy in Your Pocket December 14, 2017 Mark J. Fitzgibbons How the Supreme Court may protect smartphone information from government intrusion, by ruling that private digital information should be an "effect" under the original meaning of the Fourth Amendment.
Is Your Dog 'Contraband'?
Is Your Dog 'Contraband'? August 8, 2017 Mark J. Fitzgibbons A disturbing ruling from a federal judge confuses government "licenses" with "title" and establishes the government's right to declare as "contraband" and seize what it does not license.
America’s Actual Biggest Lawbreaker
America’s Actual Biggest Lawbreaker July 7, 2016 Mark J. Fitzgibbons Second place isn't even close.
The vanishing Fourth Amendment forcing data-obsessed Silicon Valley to cut back on data retention
The vanishing Fourth Amendment forcing data-obsessed Silicon Valley to cut back on data retention May 25, 2016 Thomas Lifson “We have to keep as little [information] as possible so that even if the government or some other entity wanted access to it, we’d be able to say that we don’t have it[.]”
How America Failed to Keep the Republic
How America Failed to Keep the Republic November 12, 2015 Mark J. Fitzgibbons Through the creation of the “Administrative State,” with vast bureaucracies violating the separation of powers, America has failed to keep the republican form of government created by the Founders.  
4th Amendment for me, but not for thee
4th Amendment for me, but not for thee November 2, 2015 Mark J. Fitzgibbons Constitutional schizophrenia of unprincipled folks on the left.
Federal bureaucrats issue judge-less subpoena to support SEIU position
Federal bureaucrats issue judge-less subpoena to support SEIU position October 29, 2015 Mark J. Fitzgibbons Million dollar judge-less subpoena targets speech by McDonalds deemed unworthy by SEIU
Government will examine your energy bill if your neighbor grows pot
Government will examine your energy bill if your neighbor grows pot October 25, 2015 Mark J. Fitzgibbons Welcome to the new police state, where the government may, unbeknownst to you, look at your residential energy bill if your neighbor is suspected of growing pot.
DEA privacy abuses far worse than NSA phone records scandal
DEA privacy abuses far worse than NSA phone records scandal August 19, 2015 Thomas Lifson At least the National Security Agency worked through the judiciary in obtaining its subpoenas. DEA bureaucrats didn't even bother with the courts.
Feds Get the Power to Seize Medical Records on 'Fishing Expedition' Investigations with No Subpoena from a Judge
Feds Get the Power to Seize Medical Records on 'Fishing Expedition' Investigations with No Subpoena from a Judge July 20, 2015 Mark J. Fitzgibbons Nullifying the 4th Amendment for medical records
Andrew McCarthy, Rand Paul both wrong on 4th Amendment
Andrew McCarthy, Rand Paul both wrong on 4th Amendment May 25, 2015 Mark J. Fitzgibbons Senator Paul claims that government collection of metadata of Americans violates the Fourth Amendment protection of privacy, while Andrew McCarthy blasts Paul as “laughably wrong when he insists the NSA program violates the Fourth Amendment.”
Government must obtain warrant for e-mails (unless government wants your e-mails)
Government must obtain warrant for e-mails (unless government wants your e-mails) May 20, 2015 Mark J. Fitzgibbons A new "privacy protection" bill authorizes government agencies to skip the requirement of going to a judge by unilaterally issuing judge-less warrants.
EEOC's judge-less warrant to Catholic hospital is sign of what's to come
EEOC's judge-less warrant to Catholic hospital is sign of what's to come May 16, 2015 Mark J. Fitzgibbons The federal government expands its jurisdiction over employment matters, especially for faith-based employers.
9th Circuit Court's Democratic Campaign Contribution
9th Circuit Court's Democratic Campaign Contribution May 7, 2015 Mark J. Fitzgibbons The Ninth Circuit Court of Appeals has handed a gift to the Kamala Harris for U.S. Senate campaign
Homeland chief: Fourth Amendment 'beyond my competence'
Homeland chief: Fourth Amendment 'beyond my competence' April 30, 2015 Mark J. Fitzgibbons Jeh Johnson, a man with sweeping power to invade the property rights and privacy of every American using judge-less warrants, professes ignorance of the law that governs his use of that power.
America's Soft Police State
America's Soft Police State April 24, 2015 Mark J. Fitzgibbons The constitutional protections limiting government power to search and seize our persons and most private property have been gutted by executive and administrative actions. Here’s how to stop it.
Liberty receding in the wake of non-judicial government search and seizure
Liberty receding in the wake of non-judicial government search and seizure April 19, 2015 Mark J. Fitzgibbons As the administrative state has expanded, it has used "administrative subpoenas" to circumvent the judicial branch and bully and harrass its opponents.
21st-century Fourth Amendment faces first legislative test in Virginia
21st-century Fourth Amendment faces first legislative test in Virginia January 24, 2015 Mark J. Fitzgibbons How HJ 578 is treated will tell us if Virginia legislators will protect fundamental rights, or protect government lawlessness.
Why nanny statists hate the Fourth Amendment
Why nanny statists hate the Fourth Amendment December 13, 2014 Mark. J. Fitzgibbons California Attorney General Kamala Harris weighed in on the wrong side in this year’s unanimous Supreme Court decision on the Fourth Amendment.