Tag Archives: Fourth Amendment

I will not violate your 4th Amendment rights; not on a Jeep, not with GPS.(Updated x2)

United States v. Jones

http://www.supremecourt.gov/opinions/11pdf/101259.pdf

SCOTUS ruled today that plac­ing a GPS track­ing device on a defendant’s vehi­cle is a search within the mean­ing of the 4th Amendment.

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A look at the Maryland Wiretap Law

            The Wire­tap law in Mary­land exists to pro­tect society’s right to pri­vacy by pro­tect­ing con­ver­sa­tions we engage in, think­ing that we know who can hear us. All laws, how­ever worded, carry with them the poten­tial to be mis­used, to crim­i­nal­ize activ­ity unin­tended by the leg­is­la­tors. The Mary­land Wire­tap law has been the focus of media atten­tion recently because of efforts of police offi­cers to use the Wire­tap law to crim­i­nal­ize video­tap­ing police inter­ac­tions. This is an inap­pro­pri­ate appli­ca­tion of the cur­rent law that does noth­ing to fur­ther the pub­lic pol­icy inter­est in pri­vacy. Fur­ther­more, such an appli­ca­tion of the Mary­land Wire­tap law goes against the inter­est soci­ety has in being able to super­vise the police.

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Maryland Judiciary Watch, Vol. 2

JOSE GARCIA-PERLERA

v.

STATE OF MARYLAND

http://​mdcourts​.gov/​o​p​i​n​i​o​n​s​/​c​o​s​a​/​2011​/​1371​s​09​.​pdf

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P” is (not) for Privacy…

I finally got around to actu­ally read­ing the deci­sion in State of Wis­con­sin v. Michael Sveum instead of view­ing all the typ­ing heads. (On the blog cir­cuit they’re all typ­ing heads, not talk­ing heads.)
At first glance, I felt that the court came to the dif­fi­cult but cor­rect deci­sion — after all, we do drive in pub­lic. I was going to go my merry way when I real­ized that the deci­sion still both­ered me, so sat back and tried to think it through.
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Quickie — Privacy issues

Great arti­cle I dis­cov­ered via Gideon (again): ‘I’ve Got Noth­ing to Hide’ and Other Mis­un­der­stand­ings of Pri­vacy . Excel­lent response to J. Posner’s attempts to mol­lify pri­vacy advocates.