There has been a lot of commentary on the recent New Jersey Supreme Court case, State v. William L. Witt, (A-9-14)(074468), which essentially did away with a warrant requirement for the search of a vehicle in many circumstances. What the Court ultimately ruled was that, like Pennsylvania a little over a year ago, New Jersey … Continue reading New Jersey Supreme Court: Warrant Requirement a Burden on Citizens
Category: Constitutional Law
A Brief Overview of Constitutional Litigation
By Allen Thompson, Esq. I talk to a lot of people about the U.S. Constitution, the rights guaranteed by it, and whether a governmental entity or agent has violated those rights. The courts, over the last two centuries or so, have built up doctrines and analyses to determine whether the government has violated an individual’s … Continue reading A Brief Overview of Constitutional Litigation
Words Hurt Too/Two
It has been a tumultuous past couple of weeks for SCOTUS watchers. Rarely has the Court issued a series of opinions of such sweep and contention. The reader may recall my earlier coverage of the oral arguments of a particular case from this 2014 session, Kingsley v. Hendrickson. Forgetting is understandable in light of a … Continue reading Words Hurt Too/Two
Yes, You Can Record Police Officers During The Course of Their Official Duty
One of the most common questions that seems to arise in the realm of constitutional rights involves whether an individual has the right to record encounters with police officers. The short answer is: Yes. Pennsylvania's Wiretap Act makes it a third degree felony to "intentionally intercept[] . . . any . . . oral communication." 18 … Continue reading Yes, You Can Record Police Officers During The Course of Their Official Duty
A Government of Laws? Only If You Can Guess What They Mean.
John Adams once stated that the U.S. was to be a government of law, and not of men. This meant that the word of law – the text, not the intent – was to govern. If the law was inartfully drafted, or had negative and unintended consequences, a democratically-elected Congress could change the law. If … Continue reading A Government of Laws? Only If You Can Guess What They Mean.
“Let Them Sell Wine!”: U.S. Supreme Court Upholds Right to Personal Property
The fundamentals of Constitutional interpretation have been changed this week (more on this in a forthcoming blog). Statutory interpretation has been subordinated by politics and the definition of a “fundamental right” has been amended to include “the mystical aphorisms of the fortune cookie,” in Justice Scalia’s interesting words. However, property rights have at least fended … Continue reading “Let Them Sell Wine!”: U.S. Supreme Court Upholds Right to Personal Property
WHAT THE HELLER?
Quite arguably, the 2nd Amendment took a significant step back recently. In Jackson v. City and County of San Francisco, the United States Supreme Court has “voted” to deny certiorari to plaintiff Jackson, et. al’s appeal from the U.S. 9th Circuit’s decision rejecting her challenge of a San Francisco police code which mandates the lock-box … Continue reading WHAT THE HELLER?
Words Hurt: How the Differences Between “Objectiveness” and “Subjectivity” and “Punishment” and “Discipline” Can Be a Painful Thing
On May 27th, the United States Supreme Court heard oral arguments in the case Kingsley v. Hendrickson – a decision which will surely have significant impact on the law of 1983 Actions and perhaps even beyond. Substantially, the facts of the case are as follows: In 2010, Plaintiff Kingsley was a pre-trial detainee awaiting trial … Continue reading Words Hurt: How the Differences Between “Objectiveness” and “Subjectivity” and “Punishment” and “Discipline” Can Be a Painful Thing
Unanimous U.S. Supreme Court Decision – Felons Do Not Lose Property Right in Owned Firearms
Today, the United States Supreme Court handed down its decision in Henderson v. U.S., No 13-1487, 575 U.S. _____ (2015), holding that while a convicted felon is prohibited from "possessing" firearms pursuant to 18 U.S.C. 922(g), nothing strips the individual of his/her property interest in the firearms and the individual retains "the right merely to … Continue reading Unanimous U.S. Supreme Court Decision – Felons Do Not Lose Property Right in Owned Firearms
Much Ado About Nothing?: Montville, New Jersey’s Underage Drinking Ordinance and What’s Left of the 4th Amendment
There’s been some discussion of a new ordinance in Montville, N.J. that supposedly allows police officers to enter homes at will (or at least upon probable cause) that underage consumption of alcohol is occurring on the premises. The news reports have some truth in them, but are also not complete. Under current state law, it … Continue reading Much Ado About Nothing?: Montville, New Jersey’s Underage Drinking Ordinance and What’s Left of the 4th Amendment
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