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Fourth Amendment

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 -
Venable LLP

Figuring Out the Fourth Amendment: Supreme Court to Settle Constitutionality of Geofence Warrants

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Last year, we wrote about a constitutional challenge bubbling up in the Fourth Circuit relating to "geofence warrants," which require production of location data showing whether a cell phone was near the scene of a crime at...more

Freeman Mathis & Gary

The Fourth Amendment and emergency aid: Is probable cause necessary?

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When can law enforcement officers enter a home without a warrant to address an emergency situation? This question has divided courts of years. In Case v. Montana, 607 U.S. ___ (2026), the Supreme Court examined the question...more

Tucker Arensberg, P.C.

What Food & Beverage Business Owners Need to Know About Immigration Raids and Their Constitutional Rights

If you own or manage a restaurant, hotel, catering company, bar, food processing facility, or other food and beverage business, understanding your Fourth Amendment protections during workplace immigration enforcement is...more

Hinshaw & Culbertson - Employment Law...

DHS Memo Outlines Plan to Use Administrative Warrants for ICE Home Arrests

A May 2025 Department of Homeland Security (DHS) memorandum recently became public, indicating that DHS intends to rely on its own administrative warrants—known as a Form I‑205—to arrest individuals without legal immigration...more

Marshall Dennehey

Totality of the Circumstances: Tasing Okay in Immediate Passive Resistance

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Feagin v. Mansfield Police Dept., 155 F. 4th 595 (6th Cir. 2025) - In a colorful opinion from the Sixth Circuit, the court found that it was not excessive force to tase the plaintiff when he refused to supply his hand for...more

Cranfill Sumner LLP

The Eleventh Circuit Upholds the CTA, But the Compliance Picture Remains Unsettled

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On December 16, 2025, the U.S. Court of Appeals for the Eleventh Circuit in National Small Business United v. U.S. Department of the Treasury held that the Corporate Transparency Act (CTA) is constitutional....more

Foley Hoag LLP

Leaked ICE Memo Claims Authority to Enter Private Residences Without Judicial Warrants

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On January 21, 2026, The Associated Press published an internal Immigration and Customs Enforcement (“ICE”) memorandum (“Memo”) claiming that ICE officers may enter private residences to conduct immigration arrests without...more

Parker Poe Adams & Bernstein LLP

New California Law Requires Annual Notice of Immigration and Labor Rights

Beginning February 1, 2026, California employers must provide existing employees and new hires with an annual written notification of certain employee rights. ...more

Dorsey & Whitney LLP

The Supreme Court Update - January 20, 2026

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On January 20, 2026, the Supreme Court of the United States issued three decisions: Berk v. Choy No. 24-440: This case involves state “affidavit of merit” statutes that require certain types of lawsuits, like medical...more

Orrick, Herrington & Sutcliffe LLP

Eleventh Circuit upholds Corporate Transparency Act reporting rules

Recently, the U.S. Court of Appeals for the 11th Circuit reversed a lower court’s ruling and upheld the constitutionality of the Corporate Transparency Act (CTA), a federal law requiring certain corporations, limited...more

Dorsey & Whitney LLP

The Supreme Court Update - January 14, 2026

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On January 14, 2026, the Supreme Court of the United States issued three decisions: Barrett v. United States, No. 24-5774: This case addresses whether a defendant who commits a single act that violates two subsections of...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

No Vacancy for Privacy: Five Hours After Checkout, the Fourth Amendment Checks Out in Pittsburgh

In United States v. Mendoza (2026 WL 61591), the Third Circuit held that a hotel guest does not retain a reasonable expectation of privacy in a hotel room five hours after checkout time, affirming the denial of a motion to...more

Fisher Phillips

Pennsylvania Supreme Court Holds No Reasonable Expectation of Privacy in Internet Search Activity: Key Takeaways for Employers

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A recent Pennsylvania Supreme Court ruling could have broad implications for internet privacy, and employers should take note. The state’s high court ruled in December that individuals do not have a reasonable expectation of...more

Clark Hill PLC

Sixth Circuit Addresses for First Time How Fourth Amendment, Student Seizure Applies at Public Schools

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On Dec. 18, 2025, the Sixth Circuit Court of Appeals dismissed a complaint that challenged an expulsion of a student who announced his intention to bring a firearm to school. Halasz v. Cass City Public Schools, — F.4th —-,...more

Holland & Knight LLP

Eleventh Circuit Upholds Constitutionality of Corporate Transparency Act

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In National Small Business United v. U.S. Department of the Treasury, a panel of the U.S. Court of Appeals for the Eleventh Circuit reversed the ruling of the U.S. District Court for the Northern District of Alabama, which...more

Proskauer - Proskauer For Good

Proskauer Partners with ACLU to File Amicus Brief Urging the Massachusetts Supreme Judicial Court to Curb Pretextual Stops and...

On November 21, 2025, Proskauer attorneys filed an amicus brief on behalf of the American Civil Liberties Union (ACLU) and ACLU of Massachusetts (ACLUM) before the Massachusetts Supreme Judicial Court (SJC) in the case of...more

Perkins Coie

New Jersey Appellate Court Sets Constitutional Limits on Tower Dump Warrants

Perkins Coie on

Earlier this month an appellate court in New Jersey issued an opinion in State v. Bryant, holding that tower dumps are Fourth Amendment searches that require particularized warrants supported by probable cause. This...more

Buchalter

Eleventh Circuit Upholds Corporate Transparency Act: What Businesses Need to Know

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The Eleventh Circuit Court of Appeals recently issued a major decision in National Small Business United v. Yellen, a case that tested the constitutionality of the Corporate Transparency Act (CTA). The case is important not...more

Esquire Deposition Solutions, LLC

Protecting Deposition Materials at the Border

Government border agents conducted over 55,000 warrantless searches of cell phones and other electronic devices during the past year, according to recent federal reports. The latest statistics reflect a 17 percent jump...more

Marshall Dennehey

Court Rejects Qualified Immunity for Detectives Accused of Fabricating Evidence in 1978 Murder Case

Marshall Dennehey on

Lee Evans v. Newark City, et. al., No. 23-1723 (3d Cir. 2025) - In 2008, Lee Evans was charged with the disappearance and murder of five boys in 1978 based on an allegedly coerced confession of one man. A jury acquitted Evans...more

Troutman Pepper Locke

The FAA's Ongoing Drone Restrictions in Chicago: Airspace, Commercial Disruption, and First Amendment Concerns

Troutman Pepper Locke on

Due to "special security reasons," the Federal Aviation Administration (FAA) has imposed a temporary flight restriction (the TFR) over most of Chicago, IL — through at least October 12, 2025 — prohibiting the operation of...more

Cozen O'Connor

Notice of Appeal - October 2025

Cozen O'Connor on

Third Circuit Holds Smartphones Qualify as Computers for Sentencing Enhancement- The defendant was convicted of, among other things, possessing child pornography, on the basis of images found to be on his smartphone. The...more

Hanson Bridgett

Considerations for California Employers in the Wake of SCOTUS’ Immigration Ruling in Noem v. Vasquez Perdomo

Hanson Bridgett on

On September 8, the Supreme Court of the United States (“SCOTUS”) issued a decision on its “shadow docket,” essentially greenlighting racial profiling by immigration enforcement officers. In Noem v. Vasquez Perdomo, the Court...more

Bradley Arant Boult Cummings LLP

Supreme Court Ruling May Require Companies to Alter Immigration Worksite Enforcement Response Strategies

Under federal law, government agents are authorized to “interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States.” Under applicable regulations, the agents “may briefly...more

Holland & Knight LLP

Podcast - Bad Facts Make Bad Law

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small explains the exclusionary rule, which states that evidence obtained by illegal methods must be excluded at trial. In the Cammarata...more

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