The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment. Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.
Cameras Snap Your License Plates for Huge Databases
Newsbreak: Your Rights
The United States Supreme Court has a busy docket for 2013. A number of important cases affecting the criminal justice system throughout the United States are to be decided this season. Cases involving the Fourth Amendment’s...more
In a 33-1 vote, on May 13, the state Senate approved Senator Mark Leno's bill that would require state law enforcement officials to obtain a search warrant before asking service providers to disclose the contents of their...more
Two police officers are being sued because they entered Charles Smith's home after he stole a $14.99 (presumably, before tax) phone charger from Walgreens. As the Sixth Circuit acknowledged: "But for the want of $14.99 or a...more
In Simonson v. United States (April 4, 2013), the U.S. Court of Federal Claims considered whether the Government’s argument that the plaintiffs did not have a compensable property interest for purposes of a takings claim...more
Context and content matters to the assessment of reasonable expectations of privacy in criminal law matters.
Recently, in R. v. B. (C.), 2013 CarswellOnt 3851 (SCJ), P. Smith J. considered the constitutionality of a...more
The government and private companies are using automatic license plate readers (LPRs) to gather the license numbers of cars on the streets of cities and towns across the country. These gadgets snap pictures of the plates,...more
In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general...more
The U.S. Court of Appeals for the 3rd Circuit is set to become the first federal appellate court to answer the question left open by the Supreme Court in United States v. Jones. Last year, the Court held in Jones that a...more
Overview: The Ninth Circuit Court of Appeals recently ruled that police could not take into custody a person cited for an infraction (in this case, trespassing) unless the arrestee has no satisfactory identification, refuses...more
Last week, the ACLU created a stir when it suggested that the IRS may be reading taxpayers’ emails without obtaining a search warrant. At least at some point in time in the past, according to the IRS’ 2009 “Search Warrant...more
On Thursday, March 21, 2013, a motion hearing occurred regarding the four Milwaukee Police Department (MPD) officers who face charges of conducting illegal strip searches and illegal body cavity searches. During the hearing,...more
The explosive pace of new technology has enabled people to connect and communicate in ways never before possible. Lawmakers and Internet advocates must now tango with each other in a scramble to keep up with the technology...more
With text messages, Tweets, Facebook posts and other digital communications so prevalent in student’s lives, schools have been struggling to deal with the influx of mobile devices on campus. Last week, the Sixth U.S. Circuit...more
Overview: In a 5-4 decision,the U.S. Supreme Court this week ruled that a Florida police dog’s sniffing for drugs in front of a man’s home constituted an illegal search. Based on an unverified tip, police physically entered...more
Following Too Closely. It’s a basic traffic violation that we rarely think about. But the truth is that we all follow the car in front of us too closely. “Wait a second,” you say. “I’m a safe driver. I’ve never even been...more
On March 21, a bipartisan group of legislators in the House of Representatives introduced a new bill, the Geolocation Privacy and Surveillance Act, which would force law enforcement to obtain a warrant to track suspects with...more
Overview: A California appellate court recently upheld the admission of evidence obtained from the sensing diagnostic module (SDM) of a vehicle impounded after a fatal crash. The SDM decides whether to deploy air bags based...more
The vast increase in the use of wireless data networks has led to new legal issues regarding network users’ right to privacy. A recent opinion issued by the U.S. District Court for the District of Oregon indicates that, under...more
Someone told the police that Chunon Bailey sold drugs. Worse, he sold drugs and had a gun at his house at 103 Lake Drive in Wyandanch, New York.
That someone was a confidential informant.
The police took that tip...more
Three odd cases were decided last week in the federal circuits....more
In a unanimous decision, the U.S. Supreme Court Monday ruled that an alert by a trained drug-sniffing dog constitutes probable cause for a police search under most circumstances.
In Florida v. Harris, the court rejected...more
Lawyers.com Editorial Director, Betsy Kim, gives today's Newsbreak, a round-up of legal cases and issues. This video covers warrantless taking of blood of a DUI suspect, dogs sniffing front doors for marijuana and the...more
The Supreme Court has said that you can never suppress the body of a person accused of a crime - the person's identity is not able to be kept out of evidence, even if that identity is the result of an unlawful arrest or...more
Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more
Getting a DUI citation will ruin your life. You’ll lose your license, which means you may lose your job, you’ll pay huge fines and you may go to jail. All of this could have been avoided if you had just known your own...more
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