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Warrantless Searches Police

Rumberger | Kirk

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

Rumberger | Kirk on

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

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

Blank Rome LLP

Second Circuit Finds Fourth Amendment Violation in Law Enforcement Retention of Computer Files Not Within Scope of Search Warrant

Blank Rome LLP on

On June 17, 2014, the United States Court of Appeals for the Second Circuit issued a significant Fourth Amendment decision in United States v. Ganias. The decision is premised on the well-established notion that, because of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Riley v. California and United States v. Wurie

On June 25, 2014, the Supreme Court of the United States decided Riley v. California, No. 13-132, and United States v. Wurie, No. 13-212, holding that police must generally obtain a warrant before searching a cell phone...more

Best Best & Krieger LLP

BB&K Police Bulletin: Officers Must Obtain Warrant to Access Data on Arrestee's Mobile Phone Device

Overview: Today, the U.S. Supreme Court held that police officers may not search digital information on a mobile phone device seized from a person who has been arrested without a warrant. In Riley v. California and U.S. v....more

Best Best & Krieger LLP

BB&K Police Bulletin: Qualified Immunity: Warrantless Entry in Hot Pursuit of Misdemeanant Not "Plainly Incompetent"

Overview: The U.S. Supreme Court recently reversed a Ninth Circuit decision denying qualified immunity to a California police officer in hot pursuit of a suspected misdemeanant. The suspect had entered an enclosed front yard...more

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