Fourth Amendment (US Constitution)

Subterms

    Latest story

    75 Shares28 Views

    Another Reason People Fear the Government

    by

    Why do Americans have such deep distrust of their government?It’s a simple question with a complex answer, but here’s part of the reason: All too often, the government wrongfully inflicts profound harm on American citizens and then leaves them with no recourse. It violates the law and leaves its victims with no way to be made whole.Let me give you two recent examples, both taken from Supreme Court cases that were argued this term and have not yet been decided.In the predawn hours of Oct. 18, 2017, an F.B.I. SWAT team detonated a flash-bang grenade at a home at 3756 Denville Trace in Atlanta. A team of federal agents rushed in.The family inside was terrified. Hilliard Toi Cliatt lived there with his partner, Curtrina Martin, and her 7-year-old son, Gabe. They had no idea who had entered their house. Cliatt tried to protect Martin by grabbing her and hiding in a closet.Martin screamed, “I need to get my son.” The agents pulled Cliatt and Martin out of the closet, holding them at gunpoint as Martin fell to the floor, half-naked. When they asked Cliatt his address, “All the noise just ended.”He told them: 3756 Denville Trace. But it turned out they were supposed to be at 3741 Landau Lane, an entirely different house down the block. The agents left, raided the correct house and then returned to apologize. The lead agent gave the family his business card and left the family, according to their Supreme Court petition, in “stunned disbelief.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    More stories

    • 138 Shares119 Views

      in Elections

      NYPD Unwilling to Impose Discipline for Stop and Frisk, Report Says

      by

      The department’s discipline for illegal street detentions is lax at every level, according to an extraordinary review ordered by a federal judge.At every level, the New York Police Department has failed to punish officers who have violated the rights of people stopped on the street, according to a new report — a failure that reaches all the way to the top of the force.The report, the most comprehensive independent review of discipline since a landmark court decision in 2013, found that police commissioners during the past decade have routinely reduced discipline recommended for officers found to have wrongly stopped, questioned and frisked people, undermining efforts to curb unconstitutional abuses. The report, by James Yates, a retired New York State judge, was ordered by Judge Analisa Torres of Manhattan federal court and made public on Monday.Mr. Yates was assigned by the court to conduct a “granular, step-by-step analysis” of the department’s policies and discipline governing stop and frisk, a tactic of detaining people on the street that was being used disproportionately against Black and Latino New Yorkers.The 503-page document that resulted paints a picture of an agency unwilling to impose discipline on an abusive practice that has prompted criticism that the department oppresses many New Yorkers.The commissioners “demonstrated an inordinate willingness to excuse illegal stops, frisks and searches in the name of ‘good faith’ or ‘lack of malintention,’ relegating constitutional adherence to a lesser rung of discipline,” Mr. Yates writes.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 113 Shares119 Views

      in Elections

      Child Welfare Agency Routinely Violates Families’ Rights, Suit Charges

      by

      Lawyers for a group of New York City parents argue that the Administration for Children’s Services uses “coercive tactics” that traumatize the families it is charged with protecting.A sweeping class-action lawsuit filed against New York City on Tuesday argues that the agency that investigates child abuse and neglect routinely engages in unconstitutional practices that traumatize the families it is charged with protecting.The lawsuit says that investigators for the Administration for Children’s Services deceive and bully their way into people’s homes, where they rifle through families’ most private spaces, strip-search children and humiliate parents.The agency’s “coercive tactics” include threatening to take children away or call the police, telling parents they have no choice but to let them in and making public scenes in hallways, according to the suit, filed in federal court in Brooklyn.Marisa Kaufman, a spokeswoman for the agency, said in a statement on Monday that A.C.S. would review the lawsuit. “A.C.S. is committed to keeping children safe and respecting parents’ rights,” she said.She added, “We will continue to advance our efforts to achieve safety, equity, and justice by enhancing parents’ awareness of their rights, connecting families to critical services, providing families with alternatives to child protection investigations, and working with key systems to reduce the number of families experiencing an unnecessary child protective investigation.”Eastern District Lawsuit Against New York CityRead Document 49 pagesWe are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More