Recently, President Joe Biden signed an executive order meant, among other things, to restrict some of the more controversial tactics used by police. The order only applies federal law enforcement, but it could be used as a model for states to provide better...
illegal search
Reports: Feds eager to buy predictive policing, phone-cracking tech
There is good reason to believe that predictive policing software simply reinforces past, biased information to predict crime. It is certainly under heavy scrutiny, as it seeks to predict in advance exactly who will commit crimes. It’s the subject of dystopian...
Supreme Court: Cops in hot pursuit may still need a warrant
The Fourth Amendment to the U.S. Constitution protects Americans from “unreasonable” searches and seizures by the government. That doesn’t always mean that police officers need a warrant before they can search you, but courts start with the base assumption that a...
Wisconsin Supreme Court: Can cops run your ID with no suspicion?
When should you be free to go after a traffic stop? The law only allows police officers to detain you if they have good reason to suspect you are involved in a specific crime. When they have no suspicion, they are supposed to let you go. That didn’t happen for Heather...
Should police be allowed to collect your ‘abandoned’ DNA without your consent or a warrant?
The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures by government agents such as police. It is among our primary sources of constitutional protection against government overreach and surveillance. This is because, in criminal...
Supreme Court: Shooting a suspect is a constitutional ‘seizure’
Roxanne Torres didn’t know what was happening when men in dark tactical vests began chasing her car. She thought she was being carjacked. She fled in her Toyota FJ Cruiser, but the men shot her twice in the back. She still managed to get away. She went to a hospital...
Wisconsin Supreme Court to decide on phone searches and seizures
Police in Wisconsin and in all 50 states are using mobile forensic tools to copy the entire contents of cellphones. While the law generally requires a search warrant before a cellphone can be searched, this technology allows the entire phone to be recorded and saved...
The IRS is buying and using location data without a warrant
In 2018’s Carpenter v. United States, the U.S. Supreme Court ruled that law enforcement is generally not entitled to use cell site location information unless it obtains a warrant for the information. This means that state and federal law enforcement agencies cannot...
Can police follow you into your home over an alleged misdemeanor?
Arthur L. was playing his music loudly and honking his horn. That got the attention of a California highway patrol officer, who began following Arthur from a distance. The officer intended to initiate a traffic stop but didn’t take any action like activating his...
What kinds of police raids should we tolerate?
Another high-profile case of mistaken identity recently played out in Nashville. Police officers, acting on bad information, raided a family home at 6:05 a.m. They apparently knocked but gave the family no time to answer before knocking their door down with a ram. Can...