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Fourth Amendment Warrantless Searches

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 -
WilmerHale

Outlier or Trend? A Possible Narrowing of the Border Search Exception for Electronic Devices

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As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...more

Best Best & Krieger LLP

Court Rules Tire Chalking by Cities Does Not Violate Fourth Amendment Constitutional Protections

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Ninth Circuit Court of Appeal Upholds City of San Diego’s Municipal Code Regarding Use of Parking Spaces - The Federal Ninth Circuit Court of Appeal has ruled that the practice of “tire-chalking,” a common practice of...more

Davis Wright Tremaine LLP

First Circuit Splits on Whether Warrantless Pole-Mounted Video Surveillance Violates Fourth Amendment; District Court Suppression...

Last week, the First Circuit issued a decision that could be destined for Supreme Court review, but that nonetheless will immediately impact the course of criminal defendants' Fourth Amendment rights, particularly concerning...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 141: Listen and Learn -- The Fourth Amendment

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Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing when the Fourth Amendment to the United States Constitution applies, and how to determine if an unlawful search has...more

Law Matters

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

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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

Rumberger | Kirk

Supreme Court Rejects Community Caretaking Doctrine to Authorize Warrantless Search of Home to Seize Firearms

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The 21st Century law enforcement officer serves a variety of public service functions, only some of which involve the enforcement of criminal laws. From some of those non-criminal public service roles, the courts have...more

Patterson Belknap Webb & Tyler LLP

Fourth Amendment Rights Without Remedies: Split Panel Holds That Delayed Warrant Was Unreasonable, But Exclusionary Rule Does Not...

In United States v. Smith, the Second Circuit (Katzmann, Kearse, Meyer, by designation) issued a split opinion weighing whether a month-long delay between authorities’ seizure of a tablet computer and their application for a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - December 2019

Congress Sprints to the Finish. Congress returned this week from its Thanksgiving break and is racing to the end of the first session of the 116th Congress. Lawmakers are technically only supposed to remain in town through...more

Mintz - Immigration Viewpoints

A Victory for Digital Privacy Rights at the U.S. Border

Last week, in a historic decision on travelers’ rights to privacy at the U.S. border, U.S. District Court Judge Denise Casper in Boston ruled that suspicionless searches at U.S. ports of entry (airports and border crossings)...more

Best Best & Krieger LLP

Parking Enforcement Case May Reverberate Beyond 6th Circ.

Like many cities across the nation, the City of Saginaw, Michigan, has used tire chalking — the technique of marking a parked car’s tire with chalk to determine how long it has been stationary. When an officer returns to a...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Mitchell v. Wisconsin

On June 27, 2019, the U.S. Supreme Court decided Mitchell v. Wisconsin, No. 18-6210, holding that the exigent-circumstances exception to the Fourth Amendment’s warrant requirement almost always permits a blood test without a...more

Franczek P.C.

Do I Smell a Problem? Considerations When Implementing Randomized Drug Dog Searches in Schools

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One of our favorite sources for Franczek email alerts is our readers, and we recently received a question from a Twitter follower about the legal considerations related to randomized dog searched in public schools. ...more

Best Best & Krieger LLP

“Chalking” Vehicles is a Search Under the Fourth Amendment, Sixth Circuit Finds - Court Did Not Address Whether Chalking Violates...

The City of Saginaw, Mich. uses the common technique of “chalking” — marking a parked car’s tire with chalk to track how long it is stationary. If an officer sees the chalk on the tire beyond the amount of time of the parking...more

Harris Beach PLLC

Chalking it up: If you chalk cars to enforce parking, think twice

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Municipalities that rely on chalking cars and sidewalks as part of their parking enforcement should change their practices after a recent ruling....more

Fox Rothschild LLP

Big Wheel Keep On Turning

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While I can’t say I’ve seen everything, there are days when I feel like I’m getting close. Although this blog has most often looked at North Carolina or Fourth Circuit cases, we sometimes cast a wider net. Let’s consider a...more

Clark Hill PLC

The Eleventh Circuit Court of Appeals: Some Student Cell Phone Searches do not Violate Clearly Established Law

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The Eleventh Circuit Court of Appeals recently confirmed school officials’ governmental immunity in a Fourth Amendment challenge to a search of one high school student’s cell phone....more

Fox Rothschild LLP

Carpenter May Reveal A Recipe For Defense In High Tech Criminal And Regulatory Cases

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The U.S. Supreme Court has once again expanded the Fourth Amendment protections afforded to certain modern digital communications. And in doing so, the unusual five-justice majority led by Chief Justice Roberts has suggested...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reverses Immigration Proceeding Based on Constitutional Violation, Criticizes Immigration Enforcement Based on...

In the context of an appeal from a decision of the Board of Immigration appeals, Zuniga-Perez v. Sessions, the Second Circuit (Pooley, Wesley, Chin, C.JJ) ruled that a search conducted by law enforcement personnel violated...more

Alston & Bird

U.S. Supreme Court Builds On Individuals’ Privacy Rights

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In a landmark Fourth Amendment case, the U.S. Supreme Court ruled that digital is different. A cross-practice team from our National Security & Digital Crimes and Cybersecurity Preparedness & Response teams parse the narrow...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Requires Warrant for Law Enforcement Requests for Location Information from Third Parties

The U.S. Supreme Court has handed down a major decision, Carpenter v. United States, concerning the Fourth Amendment’s application to the rapidly evolving technological landscape. The 5-4 decision dramatically alters the...more

Morrison & Foerster LLP - Social Media

Location Information Is Protected by the 4th Amendment, SCOTUS Rules

As close observers of the implications of privacy law on companies’ data collection, usage and disclosure practices, we at Socially Aware were among the many tech-law enthusiasts anticipating the U.S. Supreme Court’s recent...more

Dechert LLP

Privacy of Cell Location Data – Analysis of Carpenter Decision

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In a closely watched decision, the United States Supreme Court recently held in Carpenter v. United States that government prosecutors must seek a warrant to obtain cell phone site location information from cell phone service...more

Polsinelli

In Carpenter v. United States, the Supreme Court Extends Fourth Amendment Protections to Consumer Data Held by Wireless Carriers

Polsinelli on

The U.S. Supreme Court recently ruled in Carpenter v. United States that the government must have a warrant to access an individual’s cell phone location history from wireless carriers. The Court held, in a 5–4 opinion issued...more

Davis Wright Tremaine LLP

INSIGHT: Cracking Open a Can of Worms: Why Carpenter v. United States May Not Be the Privacy Decision That Was Needed or Wanted

On June 22, 2018, the United States Supreme Court appeared to establish a new standard for privacy rights when its decision in Carpenter v. United States, 2018 BL 222220 (2018), held that the government’s acquisition of a...more

Jackson Lewis P.C.

You’re Gonna Need A Warrant For That….

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On June 22, 2018, in Carpenter v. United States, the United States Supreme Court decided that the federal government would need a warrant in order to obtain historical location data from cellular service providers, based on...more

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