Mediaboss Marketing

The Fourth Amendment: How It Impacts Us In School
Description.

By: Rachael Plummer

More:
The Fourth Amendment: How It Impacts Us In School - Video

On March 3, at 10 a.m., the Supreme Court will hear arguments in Los Angeles v. Patel, a fascinating case about the proper structure of a Fourth Amendment challenge.

Los Angeles has an ordinance that requires hotels to maintain certain records about their guests and to produce those records for police officers upon request which is to say, the officer need not necessarily have a warrant or any particular suspicion. Hoteliers claim this regime violates the Fourth 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.

Oddly, though, the hoteliers have chosen to challenge the ordinance on its face. They do not allege that any particular search was unreasonable; indeed, they do not present the facts of any particular search at all. Los Angeles contends that this facial challenge is improper: In its view, a Fourth Amendment challenge must be an as-applied challenge. (Los Angeles has the great good fortune to be represented, in part, by our own co-Conspirator Orin Kerr; the Los Angeles brief is available here.) The case thus presents the question of whether a Fourth Amendment challenge can be purely facial or must be as-applied.

On the surface, this is merely a technical question about proper pleading of a Fourth Amendment case. But on another level, this case is of enormous theoretical importance far beyond the Fourth Amendment. I have argued that this vexed distinction between facial and as-applied challenges is actually a window into the basic constitutional structure of judicial review.

In that regard, I have filed an amicus brief on behalf of the Manhattan Institute(with MIs Jim Copland), arguing that a Fourth Amendment challenge must always be as-applied. Here is the summary of argument:

A Fourth Amendment challenge is inherently an as-applied challenge for the simple reason that the Fourth Amendment binds the executive branch and restricts the paradigmatic executive action of searching and seizing.

Courts have not always been perfectly clear about the distinction between facial and as-applied challenges, and this case presents a perfect opportunity to clarify the distinction. What a close reading of the cases reveals is that this distinction simply turns on who has allegedly violated the Constitution. A facial challenge is a challenge to legislative action. An as-applied challenge is a challenge to executive action.

The Constitution empowers and restricts different officials differently. A constitutional claim is a claim that a particular government actor has exceeded a grant of power or transgressed a restriction. But because different government actors are vested with different powers and bound by different restrictions, one cannot determine whether the Constitution has been violated without knowing who has allegedly violated it. The predicates of judicial review inevitably depend upon the subjects of judicial review. Courts sometimes write, euphemistically, of challenges to statutes or ordinances, thus obscuring the subjects of constitutional claims. But the Constitution does not prohibit statutes and ordinances; it prohibits actionsthe actions of particular government actors. Thus, every constitutional inquiry properly begins with the subject of the constitutional claim. And the first question in any such inquiry is the who question: who has allegedly violated the Constitution?

The who question establishes the two basic forms of judicial review: facial challenges and as-applied challenges. In the typical constitutional case, the legislature will make a law, the executive will execute it, and someone will claim that his constitutional rights have been violated. The first question to ask such a claimant is who has violated the Constitution? The legislature, by making the law? Or the executive, by executing the law?

Read the original post:
Volokh Conspiracy: Los Angeles v. Patel and the constitutional structure of judicial review

Facebook user data in bulk was sought last year by the New York County District Attorney's office and a court directed it to produce virtually all records and communications for 381 accounts, the company disclosed Thursday.

The social networking giant is now asking the court for the return or destruction of the data as well as a ruling on whether the bulk warrants violated the Fourth Amendment to the U.S. Constitution and other laws. The Fourth Amendment prohibits unreasonable searches and seizures of property.

The company said that since last July it has been fighting a set of sweeping search warrants issued by the Supreme Court for New York County that demanded that it turn over to law enforcement nearly all data from the accounts of the 381 people, including photos, private messages and other information.

Facebook was also prohibited from informing the targeted persons, who included "high schoolers to grandparents, from all over New York and across the United States," and electricians, school teachers, and members of the country's armed services.

Of the 381 people whose accounts were covered under the warrants, 62 were later charged in a disability fraud case, Facebook's deputy general counsel Chris Sonderby wrote in a post on Thursday.

The request from New York is described by the company as the largest it has received, "by a magnitude of more than ten."

The social networking company last Friday asked the appellate division of the New York State Supreme Court to force the government to return the data it has seized and retained.

The government's own investigation confirms "that most of the Facebook user data seized by the Government is irrelevant to the charges alleged, and the search warrants are overbroad and constitutionally defective," the company wrote in the court filing.

After Facebook filed the appeal, the government unsealed the warrants and all court filings, which has enabled Facebook to notify the people whose accounts were affected about the warrants and its ongoing legal efforts, Sonderby wrote.

Facebook's appeal focuses on whether it has the standing to challenge the warrants, whether the warrants, which authorized collection of large amounts of personal information and communications without an "apparent connection to the crimes under investigation, or procedures requiring the return of the seized information" are in violation of the Fourth Amendment, and whether the gag provisions of the warrants violate the Stored Communications Act and the First Amendment.

Continue reading here:
Facebook tries to recover bulk user data seized by New York law enforcement

The Fourth Amendment of the Constitution of the US
The Fourth Amendment of the Constitution of the US and how are these rights are being violated by police officers and courts and what are the punishment for such crimes based of Title 18, U.S.C....

By: George Almodovar

See the article here:
The Fourth Amendment of the Constitution of the US - Video

Bar Exam Rap: Criminal Procedure - Fourth Amendment

By: avakathryn

Read the original post:
Bar Exam Rap: Criminal Procedure - Fourth Amendment - Video