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Fourth Amendment Search & Seizure Appeals

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 -
Law Matters

On Caniglia v Strom and Community Caretaking: Q&A with Shay Dvoretzky and Emily Kennedy of Skadden

Law Matters on

In a 9-0 opinion by Justice Thomas, the Supreme Court held that the “community caretaking” exception does not extend to the home, narrowing police powers to search homes without a warrant and repudiating the First Circuit’s...more

Eversheds Sutherland (US) LLP

The First Circuit Court of Appeals confirms government’s expansive authority to search electronic devices

In a closely watched decision, the US Court of Appeals for the First Circuit confirmed the government’s expansive authority to search cell phones, laptops, and other electronic devices at the border. On February 9, 2021, the...more

Freeman Law

Bare Bitcoins — No Fourth Amendment Privacy in Virtual Currency Records

Freeman Law on

Virtual currency has been around for a number of years now, and yet many still believe virtual currency transactions provide a level of anonymity and privacy not afforded by other types of monetary transactions. That simply...more

Mitchell, Williams, Selig, Gates & Woodyard,...

When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit

In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later...more

Stinson LLP

Naperville: A Framework for Smart Meters and Privacy Rights

Stinson LLP on

On August 16, the 7th Circuit Court of Appeals issued its decision in Naperville Smart Meter Awareness v. the City of Naperville finding that smart meter data collection is a "search" under the 4th Amendment, but allowable...more

Proskauer - Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more

Holland & Knight LLP

Illinois Appellate Court Limits Warrantless Searches of Liquor Licensees

Holland & Knight LLP on

The Illinois Appellate Court has found unconstitutional a provision of the Illinois Liquor Control Act (Liquor Act) that authorizes unlimited inspection of liquor retailers' premises by local officials. The court ruled that...more

Holland & Knight LLP

Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?

Holland & Knight LLP on

The Federal Motor Carrier Safety Administration (FMCSA) published its final electronic logging device (ELD) rule on Dec. 16, 2015, which the FMCSA claims, "is intended to help create a safer work environment for drivers, and...more

McDermott Will & Emery

Ninth Circuit Considers Limits to DEA Access to Oregon PDMP

McDermott Will & Emery on

On November 7, 2016, the US Court of Appeals for the Ninth Circuit heard arguments in Oregon Prescription Drug Monitoring Program v. United States DEA, No. 14-35402 (9th Cir. 2016). Here, the Drug Enforcement Administration...more

King & Spalding

En Banc Fourth Circuit Rules No Fourth Amendment Protection For Cell-Site Location Information

King & Spalding on

On May 31, 2016, the U.S. Court of Appeals for the Fourth Circuit held in United States v. Graham, Nos. 12-4659 and 12-4825, in an en banc rehearing, that the government’s acquisition of historical cell-site location...more

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