GET FREE E-MAIL UPDATES: SEND US YOUR EMAIL ADDRESS WITH SUBSCRIBE IN THE SUBJECT LINE
or subscribe to our
Twitter service

UNDERNEWS

Undernews is the online report of the Progressive Review, edited by Sam Smith, who covered Washington during all or part of ten of America's presidencies and who has edited alternative journals since 1964. The Review, which has been on the web since 1995, is now published from Freeport, Maine. See main page for full contents

November 26, 2009

OBAMA TRIES TO UNDERMINE FOURTH AMENDMENT AGAIN

Wired - The Obama administration is seeking to reverse a federal appeals court decision that dramatically narrows the government's search-and-seizure powers in the digital age.

Solicitor General Elena Kagan and Justice Department officials are asking the 9th U.S. Circuit Court of Appeals to reconsider its August ruling that federal prosecutors went too far when seizing 104 professional baseball players' drug results when they had a warrant for just 10.

The 9th U.S. Circuit Court of Appeals' 9-2 decision offered Miranda-style guidelines to prosecutors and judges on how to protect Fourth Amendment privacy rights while conducting computer searches.

Kagan, appointed solicitor general by President Barack Obama, joined several U.S. attorneys in telling the San Francisco-based court Monday that the guidelines are complicating federal prosecutions in the West. . . .

"In some districts, computer searches have ground to a complete halt," the authorities wrote. "Many United States Attorney's Offices have been chilled from seeking any new warrants to search computers."

0 Comments:

Post a Comment

<< Home