The Pinkerton National Detective Agency, founded in 1850, operated largely outside the constraints of the Fourth Amendment for much of the 19th century because they were private agents, not government actors. Congress passed the Anti-Pinkerton Act in 1893, which prohibited the federal government from hiring Pinkerton employees or similar organizations.
As an attorney I’d like to understand why you think there is a “clear” Constitutional violation going on here. What activity, specifically, are you referring to, and what precedent supports your claim?
As a trial attorney for more than 40 years, I'd say these are examples of egregious illegal surveillance of American citizens by the current government:
1. A retired US citizen emailed a DHS attorney urging mercy for an asylum seeker he had read about. Five hours later he received an email from Google advising him the federal government had served Google with a subpoena demanding information about him. Then they followed up by knocking on his door.
The federal government's concerted effort to intimidate citizens should concern every American.
A memo from a Department of Homeland Security official reviewed by CNN and sent to agents dispatched to Minneapolis last month asked them to “capture all images, license plates, identifications and general information” on “agitators, protesters, etc. so we can capture it all in one consolidated form.” And the official reportedly provided such a form, called “intel collection.”
3. Moreover, ICE officers have traveled to the homes of protesters. Not to arrest them, because they have done nothing illegal. Rather, ICE was trying to intimidate them by letting them know ICE knows who they are and where they live. https://www.nytimes.com/2026/02/13/us/minneapolis-ice-agents
Egregious, yes. Concerning, yes. Illegal, I’m not so sure. As a fellow attorney, why do you think they are illegal?[1] Maybe they should be, but our jurisprudence since the 1960s (the “put down the dirty hippies” age) seems to treat the the 4th Amendment not as an expansive right to be left alone but as a narrow one that treats only one’s home as a privacy zone.
I found crim pro to be a very distressing and depressing course.
Also, that last link to The NY Times article is broken.
[1] To suggest that the Government doesn’t know what’s legal and what isn’t stretches credulity. They know; and they’re going to ride as close to that line as possible when motivated by their bosses.
Just off the top of my head all three examples I provided violate the First Amendment. It is Constitutionally prohibited for the government to track and gather information on citizens because they exercised their First Amendment rights.
Wait, we just jumped from the Fourth to the First Amendment. Not only did we change subjects, but it's difficult for me to understand how your examples implicate the First Amendment.
My post neither stated or implied the constitutional provisions. The easiest and clearest provision that has been violated is the Government gathering direct data to classify citizens based upon their expression of their First Amendment rights. That is very apparent in every single example in my post.
I'm not going to engaged with someone on HN debating legal principles regarding something so straight forward. And, as I said, this is off the top of my head. It's basic constitutional law which I haven't found necessary to research. After that sentence I googled McCarthyism and found that SCOTUS ruled in multiple cases that Senator McCarthy and his supporters violated the First Amendment rights of the citizens they accused of communism. I haven't read the opinions, but I am confident they ( and many others ) support the very basic principles I speak of.
Respectfully, this is all making me very strongly doubt your bona fides. There are many clues in the above comment that suggest you aren't who you claim to be.
The government cannot collect and put the names of peaceful anti-government protestors into a government database; or show up at their homes when they violated no law; or the government issuing a subpoena to google for personal data about a man who wrote a one sentence letter to a DOJ prosecutor asking for leniency for the defendant in a case he read about.
These are all actions taken by the government in response to citizens expressing viewpoints the government did not like. You will never find more classic First Amendment fact patterns.
Then you haven't really studied 1A law in a long time, if you ever did. These fact patterns have not been well tested in court. They look similar to some cases, but are quite distinguishable, too. They might be 1A violations because of the chilling effect they could have on speech, but I'm not going out on a limb to say with certainty that they are; and I don't know any competent attorney who would.
> The government cannot ... show up at [people's] homes when they violated no law
This happens all the time. It depends on the purpose. Is it purely to harass someone, or is it to perform an investigation or for some other legitimate purpose? It's not prima facie unlawful.
I have always been a civil trial attorney, much of the time before state Equity Judges ( generally more qualified than our law division judges ). It's been a very long time since law school ( admitted to the bar in 1977 ).
Having said that, my posts had nothing to do with the 'realities' of winning in court regarding the activities outlined. Rather my point is the activities are clearly unconstitutional by any conventional analysis by any qualified US attorney. Whether or not you could develop the requisite proofs is another matter entirely. But it is clear that the current administration is following the Orban playbook ( and of some South American authoritarian regimes ).
This is not 'business as usual' in any way, shape or form.
A US Citizen ( a retired lawyer if I recall ) read an article about a prosecution by the DOJ and the citizen emailed the prosecutor ( after getting his email from the judicial database ) and sent a short plea urging mercy for the asylum seeker. Five hours later he received an email from Google advising him the federal government had served Google with a subpoena demanding information about him. Then they followed up by knocking on his door.
There can be zero doubt that the subpoena upon Google violated due process. Being an administrative subpoena, there was no judge involved but due process ( eg probable cause ) is still required and - absent some wildly unimaginable set of unknown facts - there was clearly no probable cause here.
This administration is clearly in the process of gathering names of US citizens who hold beliefs Trump does not like. The larger question is what is Trump's intention in collecting such names? Based upon his actions in the past year, Americans shouldn't hold their breath hoping they are wholesome.
> the activities are clearly unconstitutional by any conventional analysis by any qualified US attorney. Whether or not you could develop the requisite proofs is another matter entirely
I assume that when you say "develop the requisite proofs," you mean "prevail in court." In Constitutional law, these are inseparable and an outcome of Marbury v. Madison. The Court says what the law is. If the Court's opinion is that the Government's behavior is permitted by the Constitution, then it follows that the behavior is Constitutional; and because our law relies on precedent, that interpretation is rather sticky. It does so happen that from time to time, we overturn precedent--and I hope we do, because we have some pretty bad law out there--but until then, we rely on it to predict the outcome of future cases.
> There can be zero doubt that the subpoena upon Google violated due process. Being an administrative subpoena, there was no judge involved but due process ( eg probable cause ) is still required and - absent some wildly unimaginable set of unknown facts - there was clearly no probable cause here.
Yeah, I agree. The problem is, without some sort of injury, there's likely no standing, and so the case will probably never see the light of day.
Yes. You’re the one making the assertion (not just that there is a violation but also that the activity is that “the government spying on everyone”); the burden of proof is thus on you.
Attorneys challenge each other as a matter of course in every case before a court. This is how the adversarial system works.
Perhaps what you meant to say is that “I don’t like the activity that is happening here,” or “I think some of this might be unconstitutional.” When someone makes a naked blanket assertion about the law, it’s usually a sign that that person doesn’t know what they’re talking about.
You seem to be playing dumb here. You realize us "normal people" believe the Bill of Rights is to protect us from the government, and the 4th means the government doesn't get to spy on everybody indiscriminately?
And yes, they are spying on everybody. They have access to things like cellphone metadata, which to a normal human being is a very clear violation of privacy.
It's also my firm belief that our legal system has been undermining these basic concepts for decades now. It benefits the federal government to make this all very vague, as if modern technology suddenly means you have no expectation of privacy anymore. They've also mixed in some of that wonderfully authoritarian "for purposes of national security".
There's actual lawyers saying these same things, if you'd like someone to properly debate with.
I'm not going to argue over principles, as that's not law, and I largely agree with them.
However:
> They have access to things like cellphone metadata, which to a normal human being is a very clear violation of privacy.
In the U.S., when you study 4th Amendment law in Criminal Procedure, you learn there is a "third party doctrine" that says that if you voluntarily provide a third party with information--even information you consider private-it's the third party's property and you can no longer object to it being sought by the Government. There's a good overview of this on Wikipedia: https://en.wikipedia.org/wiki/Third-party_doctrine
The Supreme Court declined to extend the third-party doctrine to tracking one's location via cell-phone metadata in Carpenter v. U.S., 585 U.S. 296 (2018), so it's not absolute.
> I'm not going to argue over principles, as that's not law,
> The Supreme Court declined to extend the third-party doctrine to tracking one's location via cell-phone metadata in Carpenter v. U.S., 585 U.S. 296 (2018), so it's not absolute.
In other words, principles are law -- in the US, whatever the principles of 9 judges at a given time, because they are the final arbiter of what anything written down by Congress means. "Third-party doctrine" is not law as written by Congress, it is something the Supreme Court made up out of thin air according to their principles. And these principles are not binding; a later panel of judges is free to throw out the rulings of older judges if they decide their principles differ, as famously happened to Roe v. Wade among other cases.
You had me up until now. Turns out your whole point is arguing semantics? You're arguing just to argue and not providing anything of substance on this point. As another person said, this isn't a court.
If X is against law Y the recourse is to seek judgment from courts. If it’s not against the law the recourse is to seek new law from Congress.
The difference is significant for that reason alone. The other reason is that if you’re looking to recruit supporters you will get more of them if you get your ducks in a row. Disorganized ducks impair credibility and create friction.
Not making the distinction between the two is only helpful for the purpose of blowing off steam and the only outcome is outrage fatigue.
Congratulations. By needling and carving at semantics, you win the argument! Two more Internet points for you!
It's almost like HN isn't a court and the OP was expressing their opinion that this should be illegal. . . Not relying on specific semantics for the current state of affairs?
That was actually my first thought. The focus on this part of the thread has left the actual meat of the article entirely and is focused instead on a post trying to weedle meaning where there is none.
To say that something is a belief or should be and to say that something is a fact are two different things. When you say the latter, you are putting yourself at a significantly greater risk of being incorrect. You don’t have to be a lawyer to know this. And I’d expect someone with your background to know this better than most!
HN is a forum of written communications. Clarity and accuracy are essential skills for participating effectively in such places, and are the responsibility of the author.
And therefore what, exactly? When you distill the two down to their essence, they’re similar in that they’re groups of people making written arguments against each other. (And, frequently, complaining about mistreatment.)
Are you trying to argue that people shouldn’t be taken at their word? Or that we shouldn’t challenge people who make unqualified legal assertions? I’m not sure what your point is.
People here are making arguments about what should be. Either as interpretations or created laws.
We all know that the actual interpretation is up to 5 republicans on the supreme court and whatever they feel on a given day will increase their side's power/ideology.
No one is going to be making arguments about that because there's no point, you can't logic someone out of a position that they didn't use logic to get to in the first place.
So again, when someone on a forum says "this is wrong and something should be done about it" replying that it might technically be legal at this moment in time is incredibly useless. It's completely missing the point.
> It's also my firm belief that our legal system has been undermining these basic concepts for decades now. It benefits the federal government to make this all very vague, as if modern technology suddenly means you have no expectation of privacy anymore. They've also mixed in some of that wonderfully authoritarian "for purposes of national security".
Very well said. While the legal system's details are important for a few avenues of effecting change, they're often used to bog down conversions into "what is" territory rather than staying focused on "what ought". And "what ought", based on the ideals laid out in our country's founding documents, is very different from "what is" in the modern day.
I'll bite. We live in a society where the 2nd amendment is a rorschach test for interpreting century old English. Yet, because of how people feel, particularly a couple of activist judges, it has been given the strongest possible interpretation to impart the strongest possible freedoms to the citizenry.
Why have the other amendments not enjoyed this same individual freedom absolutism? Why are we cherry picking which amendments get expanded modern powers "in the spirit of the text"? It's because of how the judges feel.
So before you dismiss someone's opinion because how it might be, let's all be honest with ourselves and realize constitutional law of this nature does not depend on precedent and is largely do to the whims of the supreme court.
Not overtly but the subtext is there, but you also miss my point: there is no argument to give. There is no good faith argument with this supreme court. Unless you're the kind of person who is going to defend overturning the precedent of Roe v Wade.
This sort of nihilist/defeatist attitude serves no one.
People have good-faith disputes over whether their activities should be permitted or forbidden, and--like it or not--it's up to our judicial system to interpret the law, especially when it's unclear (which is rather often). The judges hear the arguments and, having heard both sides out fully, has to decide who has the strongest case. It's not an easy job, but in a vague, messy, and imperfect world, someone has to do it.
There are ways to reduce ambiguity, like passing new laws, clarifying existing ones, and even amending the Constitution. That requires we vote and press our representatives to do these things. This has the benefit of making it clear what we want, as opposed to leaving it to the unelected judiciary to try to figure it out and anger half the country who thought they decided wrong.
And the entire organizational structure we base ourselves around also collapses routinely throughout history. The supreme court has demonstrated that they are corrupt, the only solutions at this point are radical.
Seems to me like someone's security camera footage, even if held by a 3rd party, would pretty clearly fall under "papers and effects" same as my crap sitting in a rented storage unit does.
It's only because we've had a century of legal contrivance that it doesn't IMO.
If corporations and government are acting together, this is fascism (according to Mussolini). It seems that is already the case. It's just we call it 'democracy'. Perhaps 'crypto-fascism' is the right term.
"Inverted totalitarianism" is the term you're looking for, although with Trumpism we're flipping to just straightforward totalitarianism. "Crypto-fascism" is applicable to Surveillance Valley's fake strain of "libertarianism", which is more accurately described as corporate authoritarianism.
Personally, I take a break from AI and write the code myself at least a few times each day. It keeps one intellectually honest about whether or not you really understand what's going on.
I was able to hack together a toy game with godot-rust several years ago, and it had some rough edges but I was able to integrate Bevy’s ECS with godot’s editor and rendering. I’ve loosely followed its development since then, and the roughest parts seem to have been smoothed out. If it’s important to the dev, they can absolutely use rust
> A human driver travelling at the same speed would have hit that child at exactly 17 mph, before their brain even registered that child was there.
Not sure where this is coming from, and it's directly contradicted by the article:
> Waymo said in its blog post that its “peer-reviewed model” shows a “fully attentive human driver in this same situation would have made contact with the pedestrian at approximately 14 mph.” The company did not release a specific analysis of this crash.
No, Waymo’s quote supports the grandparent comment - it was about a “fully attentive human driver” - unless you are arguing that human drivers are consistently “fully attentive”?
Fair enough, so then how fast would a semi-attentive driver stop?
The comment I originally replied to makes the claim a human's brain wouldn't have even responded fast enough to register the child was there. That's going WAY further than how Waymo is claiming a human would have responded.
I don't see how that's a more reasonable assumption that a human driver actually being "fully attentive", and I'm not sure Waymo's definition of that term is the same as what you're using.
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