June 8, 2013
Re "Court goes too far on DNA," Editorial, June 4 The U.S. Supreme Court got it absolutely right in finding that it is constitutional for DNA to be collected at the time of arrest and checked against a national database of unsolved cases. The Times' claim that doing so violates an arrestee's 4th Amendment rights is off base. The 4th Amendment prohibits only unreasonable searches, and case law through the years has found it reasonable for law enforcement to collect a number of identifying traits at the time of arrest.
August 23, 2012
Re "A 21st century test: What's a 'search'?," Editorial, Aug. 20 Six months after Congress passed a law requiring the Federal Aviation Administration to ease restrictions on commercial drone use in U.S. airspace and two weeks after The Times published an article noting that the Department of Homeland Security is trying to accelerate the use of unmanned aircraft, an editorial points out the 4th Amendment dangers of cellphones and GPS technology....
January 26, 2014 |
President Obama's recent speech on government surveillance is dominating the conversation, but he won't be making the key decisions on the future of the National Security Agency's collection of domestic phone data. The statutory provision authorizing these massive sweeps expires June 1, 2015. If Congress simply does nothing, the NSA's domestic spying program will soon come to a screeching halt. The question is whether Americans will seize this opportunity to gain critical perspective on the crisis responses of the George W. Bush years.
CALIFORNIA | LOCAL
April 26, 2001
According to "Justices Back Arrest for Not Using Seat Belt" (April 25), Justice David Souter opined that the history and tradition of the 4th Amendment show it was intended to shield the privacy of homes. Isn't it one of the benchmark premises of conservative judges that justices are not to legislate from the bench? That a literal reading of the printed word is their job? Well, a literal reading of the 4th Amendment is: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
March 27, 2013 |
In his opinions on abortion and gay rights, Justice Antonin Scalia has taken an offensively narrow view of the Constitution's guarantees of due process and equal protection of the laws. But when it comes to the 4th Amendment's more specific protection against unreasonable searches and seizures, Scalia has been a strong voice for individual rights. That was the case again Tuesday. Writing for a 5-4 majority, Scalia came down hard on police in Florida who, without having obtained a warrant, deployed a drug-sniffing dog at a homeowner's front door.
June 9, 2013
Re "Feds tracking all U.S. calls," June 7 In her defense of the government's collection of data from nearly every phone call in the U.S., Senate Intelligence Committee head Dianne Feinstein (D-Calif.) said, "It's called protecting America. " I have always believed that the foremost duty of elected officials is to support and defend the Constitution. In this instance, the rights that need protection are guaranteed by the 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
April 2, 2012 |
The Supreme Court refused Monday to limit strip searches of new jail inmates, even those arrested for minor traffic offenses. Dividing 5-4 along ideological lines, the high court said jail guards needed the full authority to closely search everyone who is entering a jail in order to maintain safety and security. It would be “unworkable,” said Justice Anthony M. Kennedy, to make an exception for persons who are arrested for minor offenses. County jails often must process hundreds of new inmates a day, he said.
October 2, 2011
In the term that begins Monday, the Supreme Court will address issues as diverse as the limits of copyright law, the appeals process for owners of wetlands regulated by the Environmental Protection Agency and whether the government of California can order reductions in Medi-Cal reimbursements. It is also likely that the court will rule on challenges to the constitutionality of the Patient Protection and Affordable Care Act, derided by its critics as "Obamacare. " As is often the case, however, some of the most important cases on the court's docket involve individual rights.
December 15, 2006
Re "Eyes on the ears," editorial, Dec. 12 Privacy is something given to us by the 4th Amendment. Yet the president himself confirmed that the National Security Agency has monitored many Americans without court order. So why is our government, whose job it is to uphold our Bill of Rights, violating this right? There needs to be stronger monitoring of NSA operations. The FBI, White House and all others involved admit to eavesdropping without court order, yet they cannot give us any type of report on how it is aiding their anti-terrorist efforts.
February 16, 2014
Re "Obama's undiplomatic picks," Editorial, Feb. 13 It has been a crushing disappointment to this reader, who voted twice for Barack Obama, to follow instance after instance of our president's lack of insight, foresight or hindsight. But it isn't only his poor ambassador picks that trouble me. It started with the outrageous selection of two men - Timothy Geithner and Lawrence Summers, who were instrumental in bringing about the changes that led to the financial meltdown - to manage our monetary policies.