Law Matters — Episode 12
Alicia Kutzer and Bill Olson discus the constitutionality of the Corporate Transparency Act and our Amicus brief in Hotze v. U.S. Department of Treasury.
Law Matters — Episode 8
Alicia Kutzer and Bill Olson discus the “stop and frisk” doctrine and our Supreme Court of the United States amicus brief in Cooper v. United States.
Torcivia v. Suffolk County — Amicus Supporting Petition for Certiorari
Today our firm filed an amicus brief in support of a challenge to a Second Circuit decision which upheld an illegal search and seizure of firearms in his home by police after Petitioner was taken for a mental health examination. The police now assert that the “special needs exception” to the Fourth Amendment permitted the search and seizure.
Our brief urges the Supreme Court to grant
Jewel v. NSA — Amicus Supporting Petition for Certiorari
In Jewel, a group of plaintiffs are seeking a federal injunction against the widespread, warrantless surveillance of communications involving Americans by the National Security Agency (NSA). The case has been litigated for over a decade, most recently with the Ninth Circuit denying relief in a dismissive, one-page opinion. The Jewel plaintiffs are now seeking U.S. Supreme Court intervention to
Lindell v. Pelosi — Complaint
We are serving as co-counsel to Mike Lindell in a challenge to a subpoena issued by the January 6 House Select Committee for his phone records, where a complaint was filed today in the U.S. District Court for the District of Minnesota.
Jewel v. NSA — Amicus Supporting Rehearing En Banc
Today, our firm filed its third amicus brief in the Jewel litigation, this time in support of a Petition for Rehearing En Banc before the Ninth Circuit. A panel of the Ninth Circuit once again ruled in support of the federal government, holding that the Jewel plaintiffs had failed to set forth sufficient evidence to establish standing and also affirming the district court’s exclusion of such
FBI v. Fazaga — FISA & State Secrets Privilege
Today our firm filed an amicus brief in support of certain Muslims in Los Angeles who were surveilled electronically and otherwise by the FBI and a confidential informant. The FBI has asserted the state secrets doctrine to seek dismissal of most claims, including a FISA claim under which the district court could conduct an ex parte in camera review of the surveillance to determine if there were
Caniglia v. Strom
Today our firm filed an amicus brief in support of a challenge to a First Circuit decision which upheld an illegal search and seizure of firearms by police after a Petitioner husband and his wife had a non-violent, non-threatening argument. Tired of arguing with his wife, the husband threw down an unloaded handgun and said something like “just shoot me.” The next day the police showed
Lange v. California
Today we filed an amicus brief opposing warrantless home invasions by police officers in pursuit of fleeing misdemeanor suspects. Both parties asked the court to reject a categorical approach that would allow such searches, but both favored a case-by-case rule that could allow such searches in some cases. To remain consistent with the text, history and tradition of the Fourth Amendment, we argued in favor of a categorical rule against such warrantless home invasions.
Rodriguez v. City of San Jose
Today our firm filed an amicus brief urging the U.S. Supreme Court to review an inexplicable Ninth Circuit decision upholding an illegal search and seizure of firearms by the San Jose Police after her husband had a mental health crisis. Seven years after that seizure, the City of San Jose, California is still refusing to return her firearms to her. Even though Lori Rodriguez is not a disqualified person, more than seven years later, she is still fighting a court battle to recover those firearms, a battle which is now before the U.S. Supreme Court.
Jewel v. NSA
Today our firm filed its second amicus brief in a challenge to the most sweeping Fourth Amendment violations ever committed by the U.S. government. (Our last brief was filed over four years ago.) This suit seeks to stop three different mass surveillance programs operated by the federal government — programs which have seized Internet (email, internet searches, etc.) and telephone communications
Johnson v. United States
Today we filed an amicus brief urging the U.S. Supreme Court to re-examine its Terry v. Ohio, stop-and-frisk doctrine. Although Terry stop and frisks were limited to a search for weapons, in this case one was used to justify seizing a bullet. Since that decision in 1968, both Fourth and Second Amendment law has changed. The property basis of the Fourth Amendment has been re-established, and the
Doe v. Woodard
Today our firm filed an amicus brief involving a challenge to a Fourth Amendment violation by a social worker who strip-searched a four-year-old girl, without consent of the child or her mother, in search of tell-tale signs of child abuse. The Tenth Circuit dismissed the case, ruling that the social worker was not liable under the Supreme Court’s doctrine of qualified immunity. Our brief argues for limitations on the qualified immunity doctrine, and explains why the doctrine does not apply in this case.
Zodhiates v. United States
Today we filed an amicus brief in support of a petition for certiorari challenging the government’s ability to track citizens through Cell Site Location Information (CSLI) obtained without a warrant. In this case, the trial court allowed the government to introduce 28 months of CSLI obtained by a prosecutor using a mere Grand Jury Subpoena. We argue that the Carpenter v. United States decision,
United States v. Zodhiates
Today we filed an amicus brief in the Second Circuit in support of a petition for rehearing en banc, asking the Court to reconsider its decision which misapplied the Supreme Court’s decision in Carpenter v. United States, 138 S.Ct. 2006 (June 22, 2018). The trial court allowed the government to introduce evidence of “Cell Site Location Information” (“CSLI”) obtained
Article: Washington Examiner — “Brett Kavanaugh will be very good for property rights”
This article by Dick Patten of the American Business Defense Council in the Washington Examiner about the appointment of Judge Kavanaugh references our article in Case Western School of Law Journal of Law, Technology & the Internet. There, we discussed Judge Kavanaugh’s important dissent to the
Article: Rob Olson & Herb Titus on SCOTUS Setback to Police State Surveillance
American Thinker published our analysis of the Carpenter v. United States decision, issued yesterday.
United States v. Ackerman
Today we filed our second amicus brief in the Ackerman case. Our first brief was filed in the U.S. District Court for the District of Kansas, and today’s brief was filed in the Tenth Circuit. This case involves the power of the government to conduct searches and seizures of email and attachments to email. The District Court decision upholding the search was entirely based on the “reasonable expectation of privacy” atextual judicial construct. When this case was before the Tenth Circuit previously, that Court raised the property basis of the Fourth Amendment set out in United States v. Jones in 2012, but this issue was not addressed by the District Court.
In the third section of our brief, we explain the history of the property foundation of the Fourth Amendment from before its ratification, through its abandonment, and now through its return to primacy in Fourth Amendment jurisprudence. (Now-Justice Gorsuch authored the earlier Tenth Circuit opinion focusing on the property principle.)
Ulbricht v. United States
Today we filed an amicus brief in support of a petition for certiorari in the U.S. Supreme Court addressing important Fourth And Sixth Amendment issues. The investigation into Ross WilliamUlbricht, the founder of the “Silk Road” website, involved numerous Fourth Amendment violations in the search and seizure of his Internet Communications records. Additionally, Ulbricht had been sentenced to life imprisonment, and there is now no parole in the federal system, based on a judge’s findings of fact based on the preponderance of the evidence, in violation of his right to a jury trial.
Article: A Supreme Court case this week could change US digital privacy standards
This article on Quartz refers to our brief in the Supreme Court in Carpenter v. U.S., and mentions several of the amici on the brief.
Collins v. Virginia — Merits Brief
Today, we filed an amicus brief in the U.S. Supreme Court in a case involving a warrantless search of a motorcycle under a tarp located in the “curtilage” of a home, or the area immediately surrounding it. Under the deeply flawed rule the Virginia Supreme Court applied, the Fourth Amendment has no bearing at all whenever an automobile or anything that resembles an automobile is being searched,
Carpenter v. United States
Today, we filed an amicus curiae brief in the United States Supreme Court on the merits, arguing that the government may not seize and search your cell phone’s cell site location information without a warrant. This brief follows two briefs that we filed on this same issue in United States v Graham, and one in United States v. Zodhiates.