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
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
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
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
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
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
In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more
Whether the police have the right to search a car depends on the circumstances surrounding the search and whether authorities perform the search before or after arrest. In many cases, when officers ask for permission to...more
The U.S. Supreme Court heard arguments today over whether police should be allowed to take blood samples of suspected drunk drivers without a warrant.
The justices are looking at the case of Tyler G. McNeely, who was...more
A routine traffic stop on a Tennessee road may lead an officer to ask you some questions such as if you are carrying any weapons, are under the influence of drugs or alcohol, or whether you consent to a search of your...more
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
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
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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