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Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution
Loaded on Aug. 1, 2024
by John W. Whitehead, Nisha Whitehead
published in Criminal Legal News
August, 2024, page 10
by John & Nisha Whitehead, The Rutherford Institute—Commentary
“Whether he wrote DOWN WITH BIG BROTHER, or whether he refrained from writing it, made no difference … The Thought Police would get him just the same … the arrests invariably happened at night … In the vast majority of …
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More from this issue:
- Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration, by Casey Bastian
- New Mexico Supreme Court Revises Rules Governing Pretrial Release, by Douglas Ankney
- SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge, by Sam Rutherford
- Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution, by John W. Whitehead, Nisha Whitehead
- First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance, by Sam Rutherford
- After California Cops Kill Someone, They Probe Families for Information on Deceased Before Telling Them Their Loved One Is Dead, by Douglas Ankney
- SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’, by Sam Rutherford
- SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act, by Sam Rutherford
- FBI Encourages Use of Controversial Surveillance Program Despite Misuse, by Jo Ellen Nott
- Texas Man Exonerated by DNA Evidence After 25 Years of Maintaining His Innocence, by Jo Ellen Nott
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, by Douglas Ankney
- Nevada Supreme Court Announces District Courts Have No Discretion to Deny Motion to Set Aside Judgment of Conviction Filed by Statutorily Qualified Defendants Under NRS 176A.240(6)(a), by Douglas Ankney
- Don’t Stand Too Close to First Responders Under New Florida Law, by Douglas Ankney
- First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony, by Anthony Accurso
- California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity, by Sam Rutherford
- College and Post-Carceral Job Searches, by Michael Thompson
- Kansas Supreme Court Severs ‘Noisy Conduct’ Law as Unconstitutionally Overbroad, by David Reutter
- Big Money and Massive Surveillance: The Finance Industry’s Partnership With Federal Law Enforcement, by Douglas Ankney
- Researchers Discover Wire-Cutting Evidence Is Too Unreliable for Court, by Douglas Ankney
- For Signal, Privacy Is Not Merely a Buzzword, by Michael Thompson
- Dozens of Prisoners in Colorado Notified About Potential Compromised DNA Evidence
- Minnesota Sex Offender Program: The Indefinite Detention of the Reviled, by Casey Bastian
- Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady, by Matthew Clarke
- Dogs Are Sniffing Out Electronics, by Michael Thompson
- False or Misleading Forensic Evidence Plays an Oversized Role in Wrongful Convictions, by Jo Ellen Nott
- Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary, by David Reutter
- The Prosecutor and the Snitch Ring, by Liliana Segura, Jordan Smith
- News in Brief
- Bluetooth Surveillance Tool Added to List of Known Cache of DHS’ Surveillance Technology, by Douglas Ankney
More from John W. Whitehead:
- Welcome to 2025: Where Your Freedoms Go to Die, April 15, 2025
- A Gift America Can’t Return: The Police State Is America’s New Crime Boss, Feb. 15, 2025
- You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It, Dec. 15, 2024
- Overthrowing the Constitution: All Sides Are Waging War on Our Freedoms, Nov. 1, 2024
- The Steady Slide Towards Tyranny: How Freedom Dies from A to Z, Sept. 1, 2024
- Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution, Aug. 1, 2024
- Watchlisted: You’re Probably Already on a Government Extremism List, March 15, 2024
- The White House Goes Rogue: Secret Surveillance Program Breaks all the Rules, Jan. 15, 2024
- We the Targeted: How the Government Weaponizes Surveillance to Silence its Critics 2372, Dec. 15, 2023
- A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other, Nov. 1, 2023
More from Nisha Whitehead:
- Welcome to 2025: Where Your Freedoms Go to Die, April 15, 2025
- A Gift America Can’t Return: The Police State Is America’s New Crime Boss, Feb. 15, 2025
- You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It, Dec. 15, 2024
- Overthrowing the Constitution: All Sides Are Waging War on Our Freedoms, Nov. 1, 2024
- The Steady Slide Towards Tyranny: How Freedom Dies from A to Z, Sept. 1, 2024
- Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution, Aug. 1, 2024
- Watchlisted: You’re Probably Already on a Government Extremism List, March 15, 2024
- The White House Goes Rogue: Secret Surveillance Program Breaks all the Rules, Jan. 15, 2024
- We the Targeted: How the Government Weaponizes Surveillance to Silence its Critics 2372, Dec. 15, 2023
- A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other, Nov. 1, 2023
More from these topics:
- Special Digital Currencies Issue: Bitcoin and CBDCs What Is Bitcoin? The Answer to Government Surveillance and Control Through Money An Essential Introduction, Glossary of Multidisciplinary Terminology, and Colorful History, Aug. 15, 2025. Money/Property, Police State-Surveillance, Electronic Surveillance, Money Laundering/Structuring.
- From the Editor, Aug. 15, 2025. Money/Property, Police State-Surveillance, Electronic Surveillance, Money Laundering/Structuring.
- Central Bank Digital Currencies: Trojan Horses Delivering Mass Surveillance Under the Guise of Monetary Innovation, Aug. 15, 2025. Money/Property, Police State-Surveillance, Electronic Surveillance, Money Laundering/Structuring.
- The Arrival of REAL ID: National ID Cards and Internal Passports in America, Aug. 1, 2025. Police State-Surveillance.
- The Quiet Transformation of Government Data into a Mass Surveillance Tool, Aug. 1, 2025. Police Searches, Police State-Surveillance, Electronic Surveillance.
- DEA’s Secret Phone Surveillance Program ‘Hemisphere’ Sparked Internal Warnings—Then a Cover-Up, Aug. 1, 2025. Police State-Surveillance, Electronic Surveillance, Privacy Act/Rights.
- Driverless Vehicles Are the Newest Mass Surveillance Tool of Law Enforcement, July 1, 2025. Police State-Surveillance, Electronic Surveillance, Recordings.
- New Orleans Police Continue Using Facial Recognition Despite City Restrictions, July 1, 2025. Police State-Surveillance, Cell-Site-Location Records, Electronic Surveillance, Authorization.
- Facial Recognition at the Border: CBP’s Push to Scan Every Car Passenger Sparks Privacy Concerns, May 15, 2025. Police State-Surveillance, Electronic Surveillance, Privacy Act/Rights, Searches - Border Stops/Searches, Immigration Law/Offenses.
- Car Subscriptions: Another Means of Mass Surveillance by Law Enforcement, May 15, 2025. Vehicle Searches, Internet, Police State-Surveillance, Electronic Surveillance.





