Does the “Mass Collection of U.S. Phone Records Violates the Fourth Amendment”?

That was the question being debated on the most recent episode of the Intelligence Squared podcast.

Moderated by ABC News’ John Donvan, the debate featured Alex Abdo (American Civil Liberties Union) and Elizabeth Wydra (Constitutional Accountability Center) who argued for the motion; and Stewart Baker (Steptoe & Johnson) and John Yoo (University of California, Berkeley) who argued against the motion.

Here is description of the debate:

Some say that mass collection of U.S. phone records is a gross invasion of privacy. Others say that it is necessary to keep us safe. But what does the U.S Constitution say? “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.” Is collection of phone records a “search” or “seizure”? If so, is it “unreasonable”? Does it require a particularized warrant and probable cause? These are among the most consequential-and controversial-constitutional questions of our time.

The Daily Show on Stop-and-Frisk Decision

The Daily Show on Stop-and-Frisk Decision

Last night, the Daily Show discussed the recent federal court case finding NYPD’s stop-and-frisk tactics unconstitutional and NYC’s response to the decision.  As we covered on Monday, U.S. District Court Judge Shira Scheindlin held that the New York Police Department’s stop-and-frisk tactics violated the Fourth Amendment’s prohibition against unreasonable search and seizures and the Fourteenth Amendment’s Equal Protection Clause. 

Here is how The Daily Show describes its “coverage” of the story:

Mayor Michael Bloomberg thinks New York’s stop-and-frisk program is being unfairly stopped and scrutinized even though it’s done nothing wrong. 

Federal Judge Finds NYPD’s Stop-and-Frisk Unconstitutional

Today, U.S. District Court Judge Shira Scheindlin held that the New York Police Department’s stop-and-frisk tactics violated the Fourth Amendment’s prohibition against unreasonable search and seizures and the Fourteenth Amendment’s Equal Protection Clause. 

Below is the beginning of a WNYC story about the case: 

U.S. District Court Judge Shira Scheindlin issued her long-awaited opinion finding that the New York City Police Department had violated the Fourth and Fourteenth Amendments in the way they have conducted stop-and-frisks. 

“Targeting young black and Hispanic men for stops based on the alleged criminal conduct of other young black or Hispanic men violates bedrock principles of equality,” she wrote in her strongly-worded ruling.

In her opinion, which can be read in full below, Judge Scheindlin writes:

“To be very clear: I am not ordering an end to the practice of stop and frisk. The purpose of the remedies addressed in this Opinion is to ensure that the practice is carried out in a manner that protects the rights and liberties of all New Yorkers, while still providing much-needed police protection.”

Mayor Michael Bloomberg, reacting Monday afternoon at a press conference, was visibly angered by the judge’s decision. “The judge ignored the realities of crime,” he said, “like the fact that our police officers on patrol make an average of less than one stop a week.”

More on Bloomberg’s reaction.

The judge specified a number of steps the NYPD must take to reform stop-and-frisk. It must revise its policies and training procedures, especially its “over-broad definition of ‘furtive behavior.’ It must change the written documentation police must produce after stops. and it must institute a one-year body camera pilot program involving one precinct in each borough. . . . 

 

READ THE “REMEDIAL OPINION”

Judge outlines what NYPD needs to do next.

 

READ THE RULING

Ruling: Judge finds NYC stop-and-frisk policy violated rights.

 

Akhil Amar and Barry Scheck on Maryland v. King

Akhil Amar and Barry Scheck on Maryland v. King

In a 5-4 decision, featuring a scathing Scalia dissent, the Supreme Court in Maryland v. King held that the 4th Amendment does not prohibit law enforcement from obtaining and testing DNA samples from arrestees.  Last evening, All in with Chris Hayes discussed Mayland v. King with Barry Scheck, co-founder of The Innocence Project, and Akhil Amar, Yale Law School professor. 

The Ivory Tower Half Hour: The New Post Standard and Fourth Amendment

The Ivory Tower Half Hour: The New Post Standard and Fourth Amendment

Hosted by David Rubin, Dean of the Newhouse School of Public Communications at Syracuse University, this powerhouse panel of Lisa Dolak (Syracuse University College of Law), Tim Byrnes (Colgate University), Bob Greene (Cazenovia College), Tara Ross (Onondaga County Community College), and  Kristi Andersen (Syracuse University) discuss the new face of the Syracuse Post Standard, Maryland v. King, the pending Supreme Court case concerning  DNA swabbing and the Fourth Amendment, and FEMA dollars going to religious institutions that are rebuilding after Hurricane Sandy.  

This video runs approximately 27 minutes.