If the police have a warrant to search your home, you have to let them in. A warrant is a court order requiring you to stand aside and let them perform the search described.
Imagine you're out on a freezing January evening in Milwaukee. You stop at a liquor store, momentarily parking your car while you run inside. Unfortunately, you park less than 15 feet from an unmarked crosswalk.
In 2015, Abdisalam Wilwal, Sagal Abdigani, and their four young children were heading home after visiting Canadian relatives when they stopped at the Portal, North Dakota, border station. They are both U.S. citizens and married. Shortly after handing over their papers, they were confronted by armed and aggressive Customs and Border Protection officers. Mr. Wilwal was handcuffed in front of his frightened, crying children.
Last year, the American Civil Liberties Union, the ACLU of Wisconsin and a law firm filed a federal lawsuit accusing the Milwaukee Police department of operating a "vast and unconstitutional stop-and-frisk program" that targeted African-Americans and Latinos. The lawsuit was brought on behalf of six plaintiffs who had been stopped, sometimes multiple times, by officers with no reasonable suspicion that they were involved in criminal behavior.
If the police want to track you through your cellphone's location history, should they have to get a warrant?
Two criminal justice experts have cast serious doubt on the legality of many police activities in Milwaukee. Just as many African-Americans and Latinos have claimed for years, the evidence shows that they and their neighborhoods are being unfairly targeted for police stops and pat-down searches -- often with no legal basis.
Digital rights advocates are criticizing the telecom industry's silence on one of the great controversies of our day: whether police need a warrant to track people's location via their cellphones. The U.S. Supreme Court will hear a case on the issue on Nov. 29.
A group of House lawmakers from both sides of the aisle has agreed to support extending the FISA Amendments Act, the law authorizing warrantless surveillance by the National Security Agency, through 2023. It is currently set to expire at the end of this year. In exchange for their support, the group will push for changes and restrictions on the law that would bring it more in line with general search procedures. The restrictions are opposed by the Trump administration.
The mere fact that someone is under suspicion for a crime is not enough to justify a warrant for that person's cellphone. The mere fact that most people have a cellphone is not enough to justify a warrant. A warrant issued with no more specific reason than those is unconstitutional, the influential D.C. Circuit Court of Appeals ruled recently.
The recent arrest of a young man from Greenfield raises some important questions as to whether the drug charges against him will hold up in court. He was charged in Milwaukee County with possession of THC and possession of nitrous oxide with intent to inhale.