Fourth Amendment Probable Cause

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.    less -
News & Analysis as of

Southern District Opinion Allows Seizure of Emails From Host Provider With Minimal Showing of Probable Cause

A Southern District of New York Magistrate Judge last week approved the government’s ability to conduct searches and seizures of entire email accounts stored by third-party providers like Google, Microsoft, Yahoo! and Apple...more

BB&K Police Bulletin: Police Can Stop Reckless Driver Based On Anonymous Tip

Officers Had Reasonable Suspicion of Criminal Activity Based Upon the Totality of the Circumstances - Overview: The Supreme Court recently held that peace officers who conducted a traffic stop and searched a vehicle...more

Federal Judge Rejects NYPD’s ‘Stop and Frisk’ Policies

In a decision issued today that could potentially change the way police operate in the Big Apple, U.S. District Judge Shira A. Scheindlin (S.D.N.Y.) ruled that, for years, New York City police officers have been...more

Court to Rule on Exceptions to Warrant Requirement for GPS Tracking

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 Of Search And Seizure Laws

Search and seizure is fundamental element of criminal practice. It ties in directly with the process of discovery and the doctrines of reasonable suspicion and probable cause. It is a constitutional guarantee as expressed in...more

Facebook needs a "probable cause" button.

Are you proud to have lots of Facebook "friends?" Well, any one of them can give strangers, including the U.S. Government, access to your account. Your privacy settings won't completely bar access by strangers. In an August...more

Facebook "Friends", 4th Amendment Privacy & Probable Cause

A recent court decision has added support to the idea that there is no privacy on the internet. In United States v. Meregildo, defendant Melvin Colon moved to suppress evidence seized from his Facebook account pursuant...more

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