July 31, 2006
Notes from the Sharp End
I don't know enough immigration/4th Amendment law to know if customs agents demanding to read the contents of your laptop when you come into the country, as described in this account of a search experience on "border", is constitutional -- but it should not be.
I do, however, think I know enough about the law regarding privacy in public places to say that if this story is accurate (and I know nothing about the original source) then this student busted for photographing an arrest was either wrongly arrested or the underlying law/ordinance (if it exists) is unconstitutional.
Posted by Michael : July 31, 2006 09:22 AM | Civil Liberties | TechnoLinks
Slashdot
It!
You're clearly behind the times when it comes to privacy law. As most Supreme Court judges could tell you, activities inside your home which police could potentially see if they went onto your property and peeked through the windows are public while the police today are so "professional" that only somebody intent on causing trouble would ever seek to document their activities.
Posted by: Mojo at July 31, 2006 07:56 PMWould this be "Notes From the Sharp End" of the public SPEAR? :>)
(comment from the hinges of the public beer...)
Posted by: Ann Bartow at July 31, 2006 10:38 PMThe search described in the first paragraph is supported by U.S. v. Ickes, among other cases.
http://caselaw.lp.findlaw.com/data2/circs/4th/034907p.pdf
But has the 4th Circuit ever met a search it didn't like?
Personally, I find its discussion of the 1st amendment challenge somewhat cursory and unconvincing, although I wouldn't be prepared to say that this Supreme Court would hold differently.
Posted by: Michael at August 3, 2006 11:28 PM