In a concurring opinion in United States v. McClain, No. 04-5887 (6th Cir., Dec. 2, 2005), Chief Judge Danny Boggs of the U.S. Court of Appeals for the Sixth Circuit seeks to explain what “probable cause” entails. Under the Fourth Amendment, law enforcement officials often must have probable cause to believe that the place to be searched contains […]
Category: Fourth Amendment
Posts about the Fourth Amendment by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
NYC Subway Searches Upheld: A Critique of the Court’s Decision
In a recently issued opinion, Judge Berman of the U.S. District Court for the Southern District of New York upheld New York’s subway searching policy. Back in July, New York began randomly searching people’s bags at NYC subways. I criticized the policy:
The DNA Trick and the Fourth Amendment
An interesting issue is emerging in a Seattle case involving the extent to which the police can use ploys to gather people’s DNA. According to a news story:
Terrorism, Deterrence, and Searching on the Subway
Dave Hoffman (law, Temple) over at the Conglomerate blog, has written a very thoughtful retort to a recent post of mine (cross-posted at PrawfsBlawg and Balkinization) regarding the searching of baggage on NYC subways. I argued that:
Baggage Checks in NYC Subways — Another Cosmetic Security Measure
The AP is reporting that police will begin random checking of people’s bags on NYC subways: