From Institute for Justice <[email protected]>
Subject Liberty & Law: IJ sues over warrantless surveillance of private land
Date September 6, 2023 7:32 PM
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Plus a big win against civil forfeiture in Detroit. | View in browser ([link removed] )

Institute for Justice updates

Josh Highlander ([link removed] )

Fourth Amendment

Government Snoops Sneak Through Fourth Amendment Loophole

Josh Highlander's 30-acre property in Virginia seemed like the perfect haven for privacy. But, officials in Virginia and across the country view living surrounded by nature as an invitation to invade private land without a warrant, thanks to a misguided interpretation of the Fourth Amendment originating almost a century ago during Prohibition. Our suit protecting Josh’s privacy under the Virginia Constitution joins IJ’s growing body of work fighting similar warrantless searches.

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Melisa Ingram ([link removed] )

Civil Forfeiture

Sixth Circuit Unanimously Rules Against Detroit Forfeiture Program

A federal appeals court has ruled that Wayne County violated the rights of Detroiters by not providing prompt court hearings within two weeks of seizing their vehicles. This is part of an IJ class action lawsuit on behalf of Detroiters who were forced to pay high fines to get their car back or wait many months for a hearing.

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Bryan Singer & Erika Nordyke ([link removed] )

Fourth Amendment

In Win for Privacy Rights, Court Strikes Down Orange City’s Mandatory Rental Inspection

A district court ruled that Orange City, Iowa’s law requiring mandatory inspections of rental properties within the city violates the Iowa Constitution. The ruling comes two years after IJ and a coalition of Orange City tenants and landlords filed a lawsuit challenging the ordinance.

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Dr. Singleton ([link removed] )

CON Laws

North Carolina Supreme Court Will Consider Challenge to State’s Anti-Competitive Medical Monopoly Law

The Supreme Court of North Carolina has agreed to take up a lawsuit challenging the state’s medical monopoly law that prevents medical providers from offering services without first obtaining government permission. Dr. Jay Singleton wants to provide low-cost eye surgeries in his own vision center, but the state says there's enough competition.

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IJ Podcasts

Short-Circuit-Podcast-narrow ([link removed] )

Short Circuit: Where the Sidewalk Ends

Nashville property owners can only get a permit if they build a sidewalk along their lot, even if there's no sidewalk to connect it to. Or, they can hand over cash. The 6th Circuit said earlier this year that there’s a big constitutional problem with that.

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Short-Circuit-Podcast-narrow ([link removed] )

Short Circuit: Totally Noncontroversial Issues

We wade into two hotly contested cases decided on standing: one where the bounds of a cognizable injury seem more expanded than normal and one that leads to a result civil rights lawyers are used to—a court excusing itself on standing grounds.

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