News & Analysis as of

Supreme Court Decision — Warrantless Searches Okay If One Occupant Of Shared Residence Consents

The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures. With some exceptions, law enforcement must obtain a warrant based on probable cause before conducting a search of private property or...more

Maryland v. King: Possibly The Most Important Criminal Procedure Case in Decades

Many Supreme Court observers, including no less than Justice Samuel Alito himself, have described Maryland v. King as perhaps the most important criminal procedure case that the Court has decided in decades. While this may...more

BB&K Police Bulletin: Police Need Search Warrant to Examine Hotel/Motel Registers

Municipal Code Section Allowing Warrantless Inspection of Hotel Guest Records Constitutes Search - Overview: The Ninth Circuit recently held that a police officer’s non-consensual warrantless inspection of hotel guest...more

Appeals Court: Forced Rectal Search of Suspect Violates 4th Amendment

In a recent opinion, the US Court of Appeals for the 6th Circuit addressed whether it was constitutionally reasonable for police to use a doctor – in this case, a doctor “who is known to conduct unconsented intrusive...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

Supreme Court Weighs In On Drug-Sniffing Dogs

The U.S. Supreme Court recently upheld Fourth Amendment constitutional protections against the unreasonable search and seizure tactics in Florida v. Jardines....more

Of Poisonous Trees And Their Fruit: Illegal Searches

Wat if I got 2 take him 2 da hospital wat do I say and dos marks on his neck omg. A text on a cell phone. Most text messages are not this dramatic and most text messages do not set off a firestorm of debate about...more

Can The Police Search My Cell Phone Without Permission?

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

Context, Content And Privacy In Warrantless Searches Of Cell Phone And Cameras

Context and content matters to the assessment of reasonable expectations of privacy in criminal law matters. Recently, in R. v. B. (C.), 2013 CarswellOnt 3851 (SCJ), P. Smith J. considered the constitutionality of a...more

BB&K Police Chief Bulletin: Search of Vehicle “Black Box" - Admissible Evidence Captured by Vehicle’s Sensing Diagnostic Module

Overview: A California appellate court recently upheld the admission of evidence obtained from the sensing diagnostic module (SDM) of a vehicle impounded after a fatal crash. The SDM decides whether to deploy air bags based...more

Warrantless Entry Allowed In Response to 911 Call Where There Is Evidence Of Injury

Have you ever wondered, as a parent, as a child, or perhaps as a college roommate, what the police can do when you call 911 on behalf of another? In Stricker v. Twp. of Cambridge, Case No. 11-1998 (6th Cir. Jan. 14, 2013),...more

Your dumb smart phone will give you up to the police!

Your smart phone stores everything you expect to keep private, and in many states that information is readily available to the police! And police access to your private information may not even require a warrant. Will your...more

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