In a very recent decision, the Supreme Court has fortified the individual’s Fourth Amendment protection against unreasonable (without a warrant) police searches and seizures. In Collins v. Virginia, the police suspected (due to the defendant’s own Facebook posts, of course) a stolen motorcycle was in the defendant’s driveway under a tarp. The officer went onto[…]
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Civil Rights
Fourth Amendment Applies to Property Outside the Home, Although Limits Still Debatable
Civil Rights Jun 04, 2018
Firm Files Second Amendment Challenge for Illinois Home Day Care Licensees
Civil Rights, Gun Law Apr 17, 2018
Attorney David G. Sigale, who specializes in Second Amendment law, has filed a lawsuit under the Second and Fourteenth Amendments to a State law and Illinois Department of Children and Family Services rules, which ban handgun possession by day care home licensees. Shelbyville, Illinois residents Jennifer and Darin Miller have FOID cards, concealed carry licenses,[…]
As we learned (if nowhere else) from Hamilton, George Washington resigned from politics when his terms were over, even though the American people would have been happy to have him stay in office. The reason was to show the new nation that it was bigger than one person. Despite this display, and whatever your political[…]
The Law Firm of David G. Sigale, P.C. has filed a lawsuit in the Southern District of Illinois alleging that a public housing ban on home firearm possession (under threat of eviction) is an unconstitutional violation of both the Second Amendment, and the Fourteenth Amendment right to equal protection. The lawsuit is filed on behalf[…]
An interesting test of the Government’s power: In 2012, Laura Pekarik, owner of the Cupcakes for Courage food truck business, challenged Chicago regulations including a required GPS monitor in her truck, and a rule requiring mobile vendors to stay at least 200 feet away from bricks-and-mortar restaurants, filed a petition asking the Illinois Supreme Court[…]
Another story that pits the Fourth Amendment rights of the people to be free from unreasonable searches and seizures against the very difficult job the police do in solving crimes and catching offenders. A 60-year old innocent man walking down an Evanston street, who fit a description of an active armed robber, was detained at[…]