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.
June 6, 2013 |
WASHINGTON - A newly published court order has confirmed what key members of Congress said they had known for years - that the government had routine access to the dialing records for hundreds of millions of phone calls in the United States. The report raised new questions about secret surveillance and unchecked government power. Q: What information is being obtained? A: The order called it "metadata" that consisted of telephone numbers and the times and duration of calls, but not the contents of the phones calls or the names and addresses of those who owned the phones.
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.
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....
December 15, 2009 |
The Supreme Court said Monday it would rule for the first time on whether employees had a right to privacy when they sent text messages on electronic devices supplied by their employers. The justices agreed to hear an appeal from the city of Ontario, which was successfully sued by police Sgt. Jeff Quon and three other officers after their text messages -- some of which were sexually explicit -- were read by the police chief. At issue is whether the chief violated their rights under the 4th Amendment, which forbids "unreasonable searches" by the government.
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.
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.
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.
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.
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.