The Government does not seek a resolution of this case tailored to its facts. Rather, it strives for total victory — a judicial declaration that the Fourth Amendment does not ever apply to Global Positioning System (“GPS”) monitoring, without regard for the facts that the Government committed an illegal trespass to attach the GPS device [...]
The Rutherford Institute says the U.S. Supreme Court has done away with the Fourth Amendment by sidestepping a case involving parental rights and student protection. Though the Ninth U.S. Circuit Court of Appeals ruled Sarah Green’s Fourth Amendment rights had been violated, the Supreme Court says the case is moot now that she is nearly [...]
By Michael Connelly The use of portable DNA testing devices by the Department of Homeland Security raises several issues with Constitutional implications.
