4th Amendment
187 Articles

Fool’s Gold: Speaker Johnson’s Section 702 proposal would place no limits on backdoor searches
"Members can recognize the Johnson proposal for what it is: a transparent attempt to preserve the status quo rather than answer the bipartisan calls for needed reform."

Bogus “Antifa” Designations and FBI Warrantless Access to Americans’ Communications
"Any expert of national security surveillance law following the government’s escalating actions on “antifa” can connect the dots to FISA electronic surveillance."

Myths and Facts About Section 702 Backdoor Searches: A Reply to George Croner
A rebuttal to George Croner’s critique of the Brennan Center’s “Myths and Facts” on FISA Section 702 backdoor searches and why RISAA falls short.

The Truth Behind Section 702 Query Statistics
Authors write that Congress must now impose a warrant requirement for Section 702 access to Americans' communications.

A Response to the Brennan Center’s “Myths and Facts” on Section 702 Backdoor Searches
A warrant mandate is unnecessary, legally mistaken, and damaging to national security as the program faces expiration on April 20, 2026.

How Secretary Mullin Can Reform DHS
If Secretary Mullin is serious about reforming DHS, then he should consider the following list of suggestions, based on information provided by whistleblowers.

Claude and the Constitution: Questions Congress Should Ask Before Renewing Section 702
Experts share questions Congress, journalists, and the public should ask executive branch officials on surveillance authorities.

The Deeper Problem with ICE’s Arrest Warrants
DHS regulations do not ensure that ICE arrest warrants are supported by reliable probable cause findings. That failing poses significant Fourth Amendment risks.

ICE Administrative Warrants and the Fourth Amendment: A Response to the DHS General Counsel
DHS says ICE agents can enter homes to arrest noncitizens using administrative warrants, without judicial oversight. DHS's position has no legal basis.

DHS Warrantless Home Entry Memo’s Fourth Amendment Problem
An internal ICE memo authorizes agents to enter homes for immigration arrests without judicial approval, breaking with DHS policy and raising Fourth Amendment concerns.

The Top 10 Questions the Trump Administration Needs to Answer About Minnesota
These are questions that the Trump administration has not answered, and journalists and members of Congress could – and should – pose.

The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision
The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…