Herb Titus Speaking at CLE on Fourth Amendment

Michael Harless Appearances, Constitutional Law

Today, Herb Titus spoke at a Conference on Eminent Domain and Land Value Litigation sponsored by the American Law Institute in San Francisco, California.

Herb’s topic was the reemergence of the private property principle in the Fourth Amendment, as reflected in two recent decisions of the U.S. Supreme Court. In United States v. Jones and Jardines v. Florida, the Court ruled that the rights Read More

Los Angeles v. Patel — Amicus Brief

Michael Harless Constitutional Law, U. S. Supreme Court

Our firm filed yet another amicus curiae brief in our continuing effort to revitalize and extend the property basis of the Fourth Amendment. Here the case involved applying the Fourth Amendment to protect certain commercial records of hotels — guest registers.

Our brief was filed on behalf of Gun Owners of America, Inc., Gun Owners Foundation, U.S. Justice Foundation, Lincoln Institute for Research Read More

SCOTUSBlog discusses our Brief in Rodriguez v. United States

Michael Harless Press Coverage

SCOTUSblog published a preview of the oral argument in Rodriguez v. United States, and discussed our amicus brief:
“One amicus brief was filed in support of each side. While the parties avoid the question whether a dog sniff is a “search,” the U.S. Justice Foundation argues in support of Rodriguez that the Jardines and Jones decisions should call Caballes into question on this point, Read More

Rodriguez v. United States — Amicus Brief

Michael Harless Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court, urging that the Fourth Amendment be applied to all searches and seizures of automobiles. We asked the Court to leave no latitude for judges to compromise away the constitutionally-protected civil liberties of Americans to serve the “needs” of law enforcement.

In Rodriguez, Read More

Heien v. North Carolina — Amicus Brief

Michael Harless Constitutional Law, U. S. Supreme Court

Today, our firm filed an amicus curiae brief in the U.S. Supreme Court in support of a North Carolina man who challenged the constitutionality of his traffic stop. A police officer pulled Heien over because his car’s right rear brake light was not functioning properly. However, North Carolina law requires only one working rear “lamp.”

The Supreme Court of North Carolina had ruled that the Fourth Read More

Herb Titus speaks on Search and Seizure Law

Michael Harless Appearances

Herb Titus was a featured speaker on May 2, 2014 at the 8th Annual Conference on Eminent Domain held at Tides Inn, Irvington, Virginia on May 1 and 2. Consistent with the theme of this year’s conference – Charting New Territory — Herb’s topic was “Can a 4th Amendment Search and Seizure Become a 5th Amendment Taking?”

Drawing on the work of the firm ­ featuring its Read More

American Thinker publishes article — The Wurie Case: Restoring the Property Basis of the Fourth Amendment

Michael Harless Publications

This morning, the American Thinker published an article by Robert Olson, Herb Titus, and Bill Olson about the property rights basis of the Fourth Amendment and how it bears on the U.S. Supreme Court’s consideration of warrantless searches of cell phones. We previously filed an amicus brief in the case addressing this issue — United States v. Wurie.

Link to article

U.S. v. Wurie — Amicus Brief

Michael Harless Constitutional Law, U. S. Supreme Court

On April 9, 2014, we filed an amicus curiae brief in the case of United States v. Wurie. The issue before the court is whether arresting officers can search the cell phone of a person arrested without a warrant. However, the underlying issue in Wurie and its companion case, Riley v. California, is whether the Court will continue to apply its evolving reasonable Read More

Gun Owners of America & Gun Owners Foundation Comments to ATF on “Adjudicated as a Mental Defective”

Michael Harless Administrative Law, Firearms Law

President Obama announced that his Administration would do all in its power to stop gun violence. By that he seems to have meant reducing private ownership of firearms. Now, it turns out that he is not just doing things within his presidential power to achieve that objective – he is usurping legislative power to amend statutes unilaterally.

On January 7, 2014, the Bureau of Alcohol, Tobacco, Firearms, Read More

Quinn v. Texas Brief Filed Opposing No-Knock Home Raids

Michael Harless Firearms Law, U. S. Supreme Court

Every day we read about SWAT teams serving arrest warrants or search warrants at people’s homes, using no-knock raids in the middle of the night. Many of these police home invasions go wrong, with innocent people being shot, and sometimes killed, just because they were trying to defend themselves.  Even criminals have learned to claim that they are the police while breaking into homes, to discourage Read More

Howard Wesley Cotterman v. US — Amicus Brief

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of Howard Wesley Cotterman v. United States in the United States Supreme Court in support of petitioner.

In this case, the Ninth Circuit determined that the federal government may seize, copy, and forensically analyze the hard drive of a laptop of a U.S. citizen returning to the country, without a warrant, based merely on “reasonable suspicion.” Read More

Bill Olson & Herb Titus Article Explains Fourth Amendment Significance of Clapper v. Amnesty International

Michael Harless Publications

Today both the U.S. Justice Foundation and the Western Center for Journalism published an article by Bill Olson & Herb Titus on the implications of Clapper v. Amnesty International which was argued this morning in the U.S. Supreme Court. On September 24, 2012, our firm filed an amicus brief in the case, which involves the FISA Amendments Act of 2008.

Our firm has been focused for some time on Read More

James R. Clapper, Jr., Director of National Intelligence, et al. v. Amnesty International USA, et al. Amicus Brief for Gun Owners Foundation, et al. in the United States Supreme Court

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of James R. Clapper, Jr., Director of National Intelligence, et al. v. Amnesty International USA, et al.in the United States Supreme Court in support of respondents.

Our amicus brief was filed on behalf of:
Gun Owners Foundation (http://www.gunowners.com/)
Gun Owners of America, Inc. Read More

United States v. Antoine Jones Amicus Brief for Gun Owners of America, Inc. and Gun Owners Foundation, et al. in the U.S. Supreme Court

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of United States v.Antoine Jones in the United States Supreme Court in support of respondent, Antoine Jones. Our amicus brief argues that the government’s extreme position that the Fourth Amendment does not apply to GPS surveillance on public roadways is insupportable.

The government’s extreme view that the Fourth Amendment is completely irrelevant Read More

United States v. Antoine Jones Amicus Brief in the U.S. Supreme Court

Michael Harless Constitutional Law, U. S. Supreme Court

Today our firm filed an amicus brief in the case of United States v. Antoine Jones in the United States Supreme Court. Our amicus brief was filed on behalf of Gun Owners of America, Inc., Gun Owners Foundation, Institute on the Constitution, Restoring Liberty Action Committee, U.S. Justice Foundation, Conservative Legal Defense and Education Fund, Free Speech Coalition, Inc., Free Read More