State and Federal Authority to Mandate COVID-19 Vaccination (CRS Report R46745)

The Coronavirus Disease 2019 (COVID-19) vaccines licensed or authorized by the U.S. Food and Drug Administration (FDA) are a critical tool to reduce the spread and severity of COVID-19. FDA initially authorized the vaccines, between December 2020 and February 2021, under Section 564 of the Federal Food, Drug, and Cosmetic Act (FD&C Act), a regulatory … Read more

Facial Recognition Technology and Law Enforcement: Select Constitutional Considerations (CRS R46541)

Facial recognition technology (FRT) is a biometric technology that compares two or more images of faces to determine whether they represent the same individual. Automated FRT is increasingly used by law enforcement to help identify criminal suspects and other persons of interest. Law enforcement may use FRT and associated image databases to compare and match … Read more

“Proper Etiquette for When You’re Under Arrest”

From “Proper Etiquette for When You’re Under Arrest” by Adam Martin, The Atlantic Wire, April 6, 2012 #1: Be polite, respectful, and professional with the cops, even if they’re being jerks to you. #2: Don’t say anything to the cops that you don’t have to. #3: Answer the questions they need to process you. #4: … Read more

The Constitution of the United States: Amendment 5 (Fifth Amendment – Trial and Punishment, Compensation for Takings)

The Constitution of the United States: Amendment 5 (Amendments 1-10 are known as the Bill Of Rights) (5th Amendment) Amendment V. (Trial and Punishment, Compensation for Takings) No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising … Read more

The Constitution of the United States: Amendment 4 (Fourth Amendment – Search and Seizure)

The Constitution of the United States: Amendment 4 (Amendments 1-10 are known as the Bill Of Rights) (4th Amendment) Amendment IV. (Search and Seizure) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon … Read more

“You were always free to go.”

Advocates of liberty and limited government should not concede the concept of “law and order” to those who engage in “excessive use of police powers.” Those who actually believe in law and order would hold police and prosecutors, as well as criminal suspects, to the rule of law; and that seems to be what the … Read more

The Fifth Amendment – Why you don’t talk to the police without an attorney

In a brilliant pair of videos, Prof. James Duane of the Regent University School of Law and Officer George Bruch of the Virginia Beach Police Department present a forceful case for never, ever, ever speaking to the police without your lawyer present. Ever. Never, never, never. “Law prof and cop agree: never ever ever ever … Read more