The episode was the most recent example of an alarming pattern in recent months in which the DHS avoided judicial scrutiny and deployed a summons related to customs enforcement to pressure companies into turning over information on Americans. The US constitution’s fourth amendment protects against unreasonable searches and seizures and law enforcement generally must show a judge or a grand jury they have probable cause to believe the materials they want to search will produce evidence of a crime.
But over the last few months, the Department of Homeland Security has undertaken a brazen effort to get around that fundamental safeguard. In addition to efforts to obtain records on Minnesota journalists, the DHS has used 1509 summonses to pressure social media companies to unmask the identities of people who have criticized ICE officers and to obtain financial information on a host of unions and left-leaning non-profit organizations in Minneapolis...
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