Exclusive: Craige McMillan notes how well Founding Fathers saw into future Mar 17, 2018 It bothers me that so many citizens and judges have accepted the convoluted idea that a piece of legislation passed by Congress overrides the U.S. Constitution. We see it all the time, of course. Colleges think that their “safe spaces” override … More Why ALL FISA Court Warrants Are Illegal
The principle that prohibits the use of secondary evidence in trial that was culled directly from primary evidence derived from an illegal Search and Seizure. The “fruit of the poisonous tree” doctrine is an offspring of the Exclusionary Rule. The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable search, … More VIDEO Fruit of the Poisonous Tree
Jan 11, 2018 by C. Mitchell Shaw After a brief pause, the surveillance hawks are again demanding an end to the encryption millions of Americans use to protect their data. Newly-minted FBI Director Christopher Wray (shown) seems to be picking up right where his disgraced predecessor James Comey left off in the war against encryption, telling … More New FBI Director Hints at Backdoors for Encryption
April 27, 2017 DOCUMENTS PDF VERSION AVAILABLE HERE © 2017 The Rutherford Institute Those who founded this country strongly believed that “a man’s house is his castle.” This belief—that the sanctity of one’s home should be protected against government invasions—led those who drafted the Constitution and the Bill of Rights to forbid government agents from conducting … More Constitutional Q&A: Knock-and-Talk Police Tactics
Jan 8, 2018 By John W. Whitehead “The warlords of history are still kicking our heads in, and no one, not our fathers, not our Gods, is coming to save us.”— Journalist Ta-Nehisi Coates The U.S. Supreme Court has ruled: it will not hear the case of Young v. Borders. Despite the fact that a 26-year-old man … More Justice Denied: The Government Is Not Going to Save Us
Nov 28, 2017 by Michael Tennant On Wednesday, the Supreme Court will begin hearing arguments in a case with enormous implications for Americans’ rights to privacy, freedom of speech, and freedom of association. Specifically, the court is being asked to decide whether the government may obtain information about individuals’ cellphone usage without first getting a warrant … More Supreme Court to Decide Whether Cellphone Data Falls Under Fourth Amendment
Nov 2, 2017 by C. Mitchell Shaw When investigators raided and searched the home of one-time Trump campaign manager Paul Manafort in July, they seized enough evidence to convince a grand jury last week to indict Manafort on a laundry list of charges. But it appears that at least some of the things seized in … More Did Mueller’s Search of Manafort’s Home Violate the Fourth Amendment?
Sept 21, 2017 By Tom Jackman A “StingRay II,” made by the Harris Corp., can redirect cellphone calls away from cell tower antennae and capture their identifying data and location. Police use them to find people. Some argue that that’s an invasion of privacy. (Courtesy Harris Corp.) A device that tricks cellphones into sending it their … More Police use of ‘StingRay’ cellphone tracker requires search warrant, appeals court rules
Sept 8, 2017 by Bob Adelmann A nurse in Utah and a couple in Texas stood up for their rights as guaranteed to them in the Bill of Rights. The Utah nurse hasn’t filed suit, but the Texas couple did, and in both cases law-enforcement officials have been exposed and shamed for their illegal conduct. Both … More Two Fourth Amendment Cases Prove the Constitution Still Works
June 5, 2017 by Steve Byas A Pennsylvania Supreme Court ruling last week in a case involving a 72-year-old grandmother offers hope to opponents of the practice known as civil asset forfeiture. Elizabeth Young lost her home and her only vehicle four years ago to civil asset forfeiture, after her son was arrested for … More Is Tide Turning Against Civil Asset Forfeiture?