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Washington, DC 20001

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“Sneak and Peek” Warrants Are Abused by Law Enforcement

Section 213 of the PATRIOT Act creates what is known as “sneak and peek” warrant. Law enforcement is authorized to conduct a search without first notifying the subject of the search. After 9/11, law enforcement insisted that this measure was necessary to investigate and prevent future terrorist attacks “without tipping off the terrorists.”

2 days ago
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Supreme Court Spotlight: Free Speech, Facebook, and “True Threats”

After being estranged from his wife and fired from his job, Anthony Elonis began posting a series of disturbing Facebook statuses that spoke of harming and killing his ex-wife, initiating “the most heinous school-shooting ever imagined,” and blowing up FBI agents.

3 days ago
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CFPB in Court: Exempt Us from Basic Rules of Discovery

The Consumer Financial Protection Bureau (CFPB) tried to argue it should be exempt from basic rules of discovery in federal court.

12/04/2014
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Civil Asset Forfeiture Reform Approved in D.C. Legislature

On Tuesday, the D.C. Council unanimously endorsed a bill that aims to seriously reform the practice of civil asset forfeiture by the Metropolitan Police Department. The second and final vote on the measure will take place December 2.

11/20/2014
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Where to Question AG Nominee Loretta Lynch: Asset Forfeiture and More

After Eric Holder announced his resignation from Attorney General for the Obama administration, the President announced his nominee to replace him, Loretta Lynch. Ms. Lynch has experience as the chief federal prosecutor in Brooklyn, NY, and has a largely apolitical track record, leading experts to believe Lynch should have no issue securing Senate confirmation.

11/19/2014
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VA Judge: Law Enforcement Can Compel Fingerprint to Unlock Cell Phone

An interesting ruling regarding cell phone privacy has emerged from a Virginia Circuit Court. Judge Steven Frucci of Virginia’s 2nd Judicial Circuit has ruled that law enforcement can compel someone to unlock his cellphone by fingerprint identification, but cannot compel one to divulge his passcode in order to unlock the device.

11/13/2014
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Supreme Court Spotlight: Want a Non-Dentist to Whiten Your Teeth? Not So Fast!

If the North Carolina Board of Dental Examiners had it their way, it would be illegal for you to see a non-dentist for teeth whitening services.

10/17/2014
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Constitutionality of National Security Letters in Question

A challenge to the FBI’s use of National Security Letters (NSL) to obtain information on customers from service providers was heard in the 9th Circuit Court of Appeals on Wednesday.

10/10/2014
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Supreme Court October 2014 Term Preview

The Supreme Court will begin its next term October 6 and will hear cases into June 2015. So far, the Court has accepted about 40 cases, which is about half of the expected argument docket.

10/06/2014
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Another Setback for ObamaCare from Federal Court

District judge Ronald White of Oklahoma ruled in line with the Halbig D.C. Circuit Court over the ObamaCare subsidies dispute.

10/01/2014

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