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4th Amendment

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May 17, 2011 | By David G. Savage, Washington Bureau
The Supreme Court gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence otherwise might be destroyed. Ruling in a Kentucky case Monday, the justices said that officers who smell marijuana and loudly knock on the door may break in if they hear sounds that suggest the residents are scurrying to hide the drugs. Residents who "attempt to destroy evidence have only themselves to blame" when police burst in, said Justice Samuel A. Alito Jr. for an 8-1 majority.
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OPINION
January 21, 2002
Re "High Court Backs Agent Who Stopped Motorist," Jan. 16: The Supreme Court's decision holding that in policing the drug war, cops can stop drivers for such vague, ambiguous and common behavior as slowing down when they see a police car, not making eye contact or letting their children wave at a passing police car ought to be a warning siren to all Americans that the war on drugs is having a devastating impact on the rights and freedoms of everyone--not just...
OPINION
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....
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.
OPINION
May 14, 2002
Regarding "Ashcroft's Gunslinger Style," editorial, May 10: What an outrage! Our U.S. Department of Justice actually has the gall to argue that the constitutional "right of the people to keep and bear arms" means that the people have a constitutional right to keep and bear arms! What will these wild-eyed gunslingers think of next? Maybe they'll completely flip out and decide that "the people" also have a 1st Amendment right to peaceably assemble and to petition the government for redress, a 4th Amendment right to be free from unreasonable search and seizure and 9th and 10th Amendment rights to retain any other rights and powers not enumerated in the Constitution.
OPINION
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.
OPINION
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.
OPINION
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.
OPINION
January 25, 2012
By a surprisingly unanimous vote, the Supreme Court this week ruled that police must obtain a warrant before attaching a tracking device to a car or other vehicle. The decision is a welcome affirmation of the constitutional right to privacy in an era of advanced technology. But the majority opinion's rationale was needlessly narrow. Whether there is a broad right to freedom from new kinds of intrusive electronic surveillance remains to be answered. The case involved the conviction of Antoine Jones, a suspected drug dealer in the District of Columbia who was arrested after being monitored for 28 days by a global positioning system device surreptitiously attached to his Jeep by law enforcement agents without a warrant.
OPINION
October 30, 2004
Re "Chief Justice Has Thyroid Cancer," Oct. 26: Chief Justice William H. Rehnquist gave us a gift. It sounds as though he will recover speedily and well, but his sudden illness brought to the forefront the pressing issue of judicial appointments that may occur during the next presidency -- appointments that could change the rights of Americans long into the future. There are seemingly many Americans, and reportedly most of them are women, who are still undecided as to how they will vote in this election.
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