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reason.com
IJ said:Yesterday, Idaho took a major step toward restoring protections for the state’s landowners with Governor Brad Little’s signing of S.1326. The historic, first-of-its kind new law prohibits most government agents from entering private land that is closed to the public without a warrant, consent, or a recognized emergency, and arrived at the governor’s desk with strong bipartisan support.
“Private land is exactly that; it’s private,” said Alasdair Whitney, Legislative Counsel for the Institute for Justice (IJ). “It should not be treated as open territory for warrantless searches. Idaho has made it clear that if the government wants to step onto private land to investigate or search for wrongdoing, it must first go to a judge and show probable cause. This law protects law-abiding landowners while preserving law enforcement’s ability to do its job the right way.”
Previously, government agents were able to come onto private land under the “open fields doctrine,” a judge-created rule that traces its roots to Prohibition. During Prohibition, government agents prowled for illicit alcohol and stills, including on private lands. In Hester v. United States, federal agents hid on someone’s private land to see if they were selling alcohol and gave chase when they saw his son hand someone a bottle. Despite the grave constitutional stakes, the Supreme Court breezily held in a two-paragraph opinion that the Fourth Amendment did not apply to private land because “the special protection accorded by the Fourth Amendment to the people in their ‘persons, houses, papers, and effects,’ is not extended to the open fields.” In one fell swoop, the court categorically eliminated all Fourth Amendment protections for most privately-owned land in the United States.
Hester’s narrow view of the Fourth Amendment eviscerated Americans’ constitutional rights. Worse, it was based on a false premise: that the “distinction between [open fields] and the house is as old as the common law,” a distinction that was about when private individuals could be charged with burglary, not about when government agents could intrude on private land. Still, the damage was done.
With the signing of S.1326, that error in ruling has been fixed. Idaho has 14 million acres of private land. Before this bill became law, at most 2.9% of that land (just 407,000 acres) was protected from warrantless searches. Now, 100% of that land is protected.
The new law is another example of IJ’s commitment to restoring the right to be secure from unreasonable searches and seizures under its Project on the Fourth Amendment.
reason.com
reason.com
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Police Have Reportedly Used License Plate Readers to Stalk Romantic Interests at Least 14 Times in Recent Years - Institute for Justice
Across the United States, communities are rethinking their use of Flock cameras and other automated license plate reader (ALPR) systems, and in many cases ending […]ij.org
reason.com
Universal digital track and trace is here!
The Trump Administration’s FCC is now pushing to mandate tying your phone number to the REAL ID system or another form of ID. This means no more anonymity on the internet, and your incognito mode or private browsing is meaningless.
The government will be able to legally track EVERYTHING you do by simply buying the records from your phone provider, and it will then be legally official.
This is NOT MAGA and is much more like the great reset we just fought Biden to stop.
Speed Camera 1 MPH Margin of Error Gets Ticket Tossed
May 15, 202
Steve Lehto analyzes a recent District of Columbia Court of Appeals ruling regarding automated speeding tickets. By examining the legal implications of calibration standards and inherent margins of error in radar technology, this discussion explores how these technical limitations influence the burden of proof required in traffic violation cases.
15:54
Like to read:
Here is the opinion I refer to: https://www.dccourts.gov/sites/defaul...