Fourth Amendment Search Warrant

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

Give Me Back My Books and Records: Application of Rule 41(g) in Response to Federal Search Warrants

In the past decade, federal law enforcement has been more aggressive in white collar investigations in utilizing search warrants, as opposed to subpoenas, to seize a company’s books and records. The statute of limitations...more

Warrant Required To Place GPS Tracking Device On Car

GPS technology can help you find your way home, but can police use it to track your car without a warrant? That’s the question the U.S. Supreme Court addressed earlier this year in United States v. Jones....more

Recent Fourth Amendment Decisions by the U.S. Supreme Court

The law regarding the Fourth Amendment, which prohibits unreasonable searches and seizures, is constantly changing. A warrant, which should be limited in scope and based on probable cause, is normally required to conduct a...more

Understanding the Plain View Doctrine

The plain view doctrine is an exception to the warrant requirement of the Fourth Amendment, which allows law enforcement to seize incriminating items that are in plain view....more

Magistrate’s Issuance of Warrant Demonstrates that Officers’ Actions are “Objectively Reasonable” and Thus Entitled to Qualified...

A man brought a lawsuit against police officers alleging violations of his Fourth Amendment rights. The officers conducted searches of his car, home, and workplace in connection with allegations that he disseminated indecent...more

Are Courts Diluting Protection From Unlawful Searches?

Evidence comes in many forms. What you say and the objects in your possession can be used against you by law enforcement officers if your statements and property are legally obtained. But what about the information on your...more

What Does “Hot Pursuit” Mean?

Hot Pursuit is a situation where law enforcement is actively chasing an individual suspected of a crime, and it provides an exception to the normal requirement that the police have a warrant to search you or your home. ...more

A Genetic Panopticon: Undermining The Fourth Amendment

The Fourth Amendment to the Constitution of the United States gives citizens freedom from unreasonable search and seizure and requires any warrant for arrest or seizure to be supported by probable cause. That warrant must be...more

Can The Police Search My Cell Phone Without Permission?

Many of us store our most intimate information on our mobile phones....more

BB&K Police Bulletin: DNA Collection - U.S. Supreme Court Upholds Cheek Swab Search

Overview: The United States Supreme Court has upheld a Maryland law authorizing police to collect a DNA sample from suspects charged with violent crimes. Using the cheek swab of an assault suspect in 2009, police were able to...more

California Moves One Step Closer to Passing Privacy Bill Requiring a Search Warrant for Providers' Customers' Emails

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

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

Is The IRS Reading Emails With A Search Warrant?

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

Court: Data on Unsecured Network May Qualify for 4th Amendment Protection

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

The Supreme Court Says A Seizure Isn't Incident To A Search That Happened A Mile Away

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

Short Wins - Three Odd Cases

Three odd cases were decided last week in the federal circuits....more

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

Is A Search Warrant Needed?

The Fourth Amendment was enacted to protect private citizens from unreasonable searches and seizures. According to the Fourth Amendment, no state or federal law enforcement officer can enter and search your home without a...more

What Is The Purpose Of A Search Warrant?

Search and seizure is a law enforcement procedure where officers search a person’s property and confiscate anything that is illegal or that can be used as evidence of an illegal act. However, all people in the United States...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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