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
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
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
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
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
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
Many of us store our most intimate information on our mobile phones....more
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
Kenneth Alexander Hewitt is being held on $500,000 bail after he shot at police officers attempting to execute a search warrant in the city of Hickory, NC. According to police reports, the officers stormed the private home on...more
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
In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....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