Archive for July, 2011

Nolo EBSCO Legal Reference Information Center

July 14, 2011

Nolo EBSCO Legal Reference Information Center provides more than 220 online full text legal reference books and thousands of legal forms, the majority from Nolo, the nation’s oldest provider of legal information for consumers and small businesses including: California specific books and forms, business law, property and real estate, rights and disputes and much more. These books and forms may be searched, printed and e-mailed both from within the library and outside the library. Laptop access is available to Legal Information Reference Center materials and forms within both libraries via WiFi.  Please click on EBSCO Legal Information Reference Center to connect to this database. It  will also soon be available from the public computers’ menu at the Main Library and on a public computer at the Branch Library in Hayward. It is the first database that the Alameda County Law Library is able to offer to its patrons who are not physically within the library.

Fourth Amendment: Dead or Alive?

July 13, 2011

Last month, Alex Kozinski, Chief Judge of the United States Court of Appeals for the Ninth Circuit, and his somewhat notorious law clerk, Stephanie Grace, published an opinion piece for the iPad news app, The Daily.  In their article, “Pulling the Plug on Privacy,” the authors eulogize the demise of the Fourth Amendment to the United States Constitution, the part of the Bill of Rights that guards against unreasonable searches and seizures.  They argue that each of us had a hand in killing the Amendment by unwittingly revealing information about ourselves to third parties, eliminating the need for officials to obtain search warrants to learn about our activities.  As they write:

[C]onstitutionally speaking, . . . the Fourth Amendment protects only what we reasonably expect to keep private.  One facet of this rule, known as the third party doctrine, is that we don’t have reasonable expectations of privacy in things we’ve already revealed to other people or the public.

They cite, as an example, grocery store club cards that track individuals’ purchases.  Police were able to access this information in order to show that a suspected arsonist had purchased a fire starter. 

But despite this pessimistic forecast from the Ninth Circuit’s preeminent jurist (and clerk), there might still be some life left in the Amendment.  Consider, for example, a Thomson Reuters news article published just yesterday, “A New Law-Enforcement Tool: Facebook Searches.”  This article discusses how law enforcement agencies are increasingly seeking search warrants in order access users’ information.  While this may appear at first as yet another intrusion into our private affairs, it demonstrates that the Fourth Amendment has not yet been made completely obsolete by the third party doctrine: Government officials still need to obtain search warrants before accessing online information that has been made available to others.  So as Mark Twain might have said, “the reports of [the Fourth Amendment’s] death have been greatly exaggerated.”

If you are interested in learning more about search and seizure law, the Alameda County Law Library has numerous well-regarded resources available.  Among the most comprehensive titles on the subject is Professor LaFave’s six-volume treatise.  And for the most current developments, the library also has attorney-turned-novelist James Scott Bell’s Compendium on Searches and Seizures

Verbiate Your Nouns for Legal Shock & Awe – A funny post on Big Brain Legal

July 8, 2011
 

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