search and seizure

A Constitutional Amendment to Protect Virginians’ Data and Pastures

This is the first installment of a sentence-by-sentence explanation of the proposed “Fourth Amendment for the 21st Century” to show the amendment is 100 percent based in sound Fourth Amendment principles and purposes consistent with the Framers’ vision. The first article, “WHY IT’S TIME FOR A 21ST CENTURY FOURTH AMENDMENT IN VIRGINIA,” provided general background about the amendment.

An Ivory Tower Fourth Amendment View to Be Ignored

Mark J. Fitzgibbons, ConservativeHQ contributor and constitutional lawyer, provides a strong rebuttal on Fourth Amendment specialist Professor Orin Kerr's misleading and internally contradictory view of the Virginia House of Delegates' 21st Century Fourth Amendment (HJ 578), which is designed to add clarity for citizens, law enforcement, lawyers and judges on unreasonable search and seizure.

Cuccinelli and Fitzgibbons Call for a Much-Needed Facelift of the Fourth Amendment

We need clarity that mundane tasks of communicating through private emails or storing data in the cloud are subject to clear constitutional protections against government invasion.

Supreme Court Ruling Expands Police Power in Home Searches

David G. Savage, LA Times

The Supreme Court decision, based on a Los Angeles case, says officers may search a residence without a warrant as long as one occupant consents.

WTimes Sues DHS Over Reporter Raid

Kellan Howell, Washington Times

The Washington Times and a former journalist, Audrey Hudson, sued the Dept. of Homeland Security, accusing agents of illegally seizing reporting notes during the execution of a search warrant in an unrelated case.