Thoughts from Maharrey Head #49: Another Federal Court Fail

“10 Minutes Closer to Freedom”


In this episode of Thoughts from Maharrey Head, I talk about the latest federal court failure to protect your rights. This time it relates to privacy. Apparently, using your cell phone voids the Fourth Amendment.

In a 12-3 ruling issued last week, a federal appellate court held police do not need a warrant to access cell phone location data held by third party carriers. Essentially, in the court’s opinion, using a cell phone voids the Fourth Amendment.

In this episode of Thoughts from Maharrey Head, I talk about this recent “ruling,” and why we should never count of federal courts to “protect or rights” or uphold the Constitution. I also touch on the issue from the perspective of the original meaning of the Constitution. Hint: the case should never have been in federal court to begin with. Finally, I offer a better approach to protecting privacy than trusting the judgement of politically connected lawyers.

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SHOW NOTES AND LINKS

Featured Image by Cory Doctorow via Flickr

Christian Science Monitor op-ed on the Fourth Circuit Ruling

Constitution 101: The Fourth Amendment

Thoughts from Maharrey Head #40: The Liberty Enforcement Squad

Thoughts from Maharrey Head #41: The Incorporation Doctrine and the 14th Amendment

OffNow.org – an organization committed to protecting privacy rights at the state level

 

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