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A move in Virginia to rein in government powers and bolster the Fourth Amendment – and halt a perceived emerging police state – may have stalled in committee, but supporters aren’t giving up and have now turned to Capitol Hill for redress, pushing for a constitutional correction. “We now live in a soft police state because the courts have... Read More
The growth in number and size of government agencies beginning about 80 years ago has been accompanied by the expanded use of "administrative subpoenas." These are warrants, not signed by a judge, by which government obtains records and other evidence. More and more Americans have come to understand that these administrative subpoenas violate the... Read More
By Tutis Libertas In 2015 Virginia commenced an assault of the Fourth Amendment's requirement of the "warrant" issued by a neutral judge after hearing probable cause. This is a violation of the separation of powers and the Bill of Rights. The 21st Century Fourth Amendment anticipated this, and adds needed clarity to the requirement that searches... Read More
Bringing the Virginia Fourth Amendment into the 21st Century: The ultimate goal of HJ578 and SJ302 is to protect Virginia Citizen's right to privacy and freedom from arbitrary governmental intrusions. By Publius Libertas This continues the sentence-by-sentence explanation of HJ 578 and SJ 302, a "Fourth Amendment for the 21st Century" before the... Read More
Mark Fitzgibbons, Esq. | 2/4/2015 We've "missed" them since the American Revolutionary War, but "general warrants" are back in Virginia, and are aimed at computer service providers no less. Special thanks go to the Virginia General Assembly, which, although it seems to ignore the Bill of Rights, is on the brink of voting to have a constitutional... Read More
Mark Fitzgibbons highlights Justice Sonia Sotomayor's concerns about "bending the Fourth Amendment to the resources of law enforcement." He then denounces the Virginia Sheriffs Association (VSA) and Delegate Rob Bell (R, VA-58) for opposing an amendment to the Virginia Constitution (HJ 578) that strengthens citizen protections against search and... Read More
This is the first installment of a sentence-by-sentence explanation of the proposed "Fourth Amendment for the 21st Century" to show the amendment is 100 percent based in sound Fourth Amendment principles and purposes consistent with the Framers' vision. The first article, "Why It's Time for a 21st Century Fourth Amendment in Virginia," provided... Read More
At a Wednesday afternoon press conference at the Virginia General Assembly Building in Richmond, State Senator Richard H. Stuart (R-28) and Delegate Richard L. Anderson (R-51) discussed their amendment to the Constitution of Virginia that incorporates a "Fourth Amendment for the 21st Century." The two legislators were joined by former Virginia... Read More
A proposed amendment to Virginia’s Constitution about unreasonable searches and seizures is before the General Assembly. It is a Fourth Amendment for the digital age. It also cures two wayward Supreme Court decisions and would protect people’s backyards and fields from snooping by government drones. The Fourth Amendment protects our rights to be... Read More
Professor Orin Kerr responds to an article by former Virginia Attorney General Ken Cuccinelli and me over atWashington Examiner about a 21st Century Fourth Amendment introduced in Virginia (“A much-needed facelift for the Fourth Amendment”). Professor Kerr’s critique of the amendment is at The Washington Post  (“An ‘update’ to the Virginia... Read More