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Fourth Amendment › Appeals

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 -
Carlton Fields

To Waive or to Forfeit, That Is the Question (On Appeal)

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Seldom in the law is there a last word on any topic, but the Eleventh Circuit’s latest word in United States v. Campbell on appellate forfeiture and waiver principles by the en banc court is comprehensive and important....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

Fox Rothschild LLP

Drone Operators Beware….Michigan Appellate Court Opines On Privacy

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In a new decision, the Michigan Court of Appeals has held that when it comes to privacy and aerial surveillance, a landowner has a greatly enhanced expectation of privacy when unmanned aircraft are involved. The decision,...more

Eversheds Sutherland (US) LLP

The First Circuit Court of Appeals confirms government’s expansive authority to search electronic devices

Eversheds Sutherland (US) LLP on

In a closely watched decision, the US Court of Appeals for the First Circuit confirmed the government’s expansive authority to search cell phones, laptops, and other electronic devices at the border. On February 9, 2021, the...more

Freeman Law

Bare Bitcoins — No Fourth Amendment Privacy in Virtual Currency Records

Freeman Law on

Virtual currency has been around for a number of years now, and yet many still believe virtual currency transactions provide a level of anonymity and privacy not afforded by other types of monetary transactions. That simply...more

Mitchell, Williams, Selig, Gates & Woodyard,...

When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit

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In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Hernandez et al. v. Mesa

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On February 25, 2020, the Supreme Court decided Hernandez et al. v. Mesa, No. 17-1678, declining to extend a judicially created damages remedy for a constitutional violation by a federal employee, a U.S. Border Patrol agent...more

Fox Rothschild LLP

The Mandate Rule And Another Thinly-Sliced Qualified Immunity Opinion From The Fourth Circuit

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A while back I wrote about the collateral order doctrine as discussed by the Fourth Circuit in Williams v. Strickland. Williams involved an alleged excessive force claim against a law enforcement officer and an...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

Stinson LLP

Naperville: A Framework for Smart Meters and Privacy Rights

Stinson LLP on

On August 16, the 7th Circuit Court of Appeals issued its decision in Naperville Smart Meter Awareness v. the City of Naperville finding that smart meter data collection is a "search" under the 4th Amendment, but allowable...more

Poyner Spruill LLP

US Supreme Court Holds Police Officer Shooting was Lawful

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The US Supreme Court issued an Opinion April 2, 2018 (Kisela v. Hughes) that a Tucson Police officer was justified in shooting a woman who was holding a knife near her roommate after the woman was reported exhibiting...more

Sands Anderson PC

Supreme Court: Police Had "Qualified Immunity" in Shooting Woman With Knife

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The Supreme Court ruled yesterday that a Tucson police officer who shot a woman four times could not be sued for violating the woman’s Constitutional rights. The case is a significant win for government officials. It’s a...more

Cozen O'Connor

Justices Hearing Microsoft Appeal Appear Mixed on Jurisdiction over Foreign-Located Communications

Cozen O'Connor on

On February 27, 2018, the Supreme Court heard arguments in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). At issue is an unsettled question concerning the territorial...more

Stoel Rives LLP

U.S. Court of Appeals Upholds MSHA’s Right to Obtain Personnel Records from Mine Operators

Stoel Rives LLP on

On July 18, in Hopkins County Coal, LLC v. Perez, the U.S. Court of Appeals for the Sixth Circuit issued an opinion upholding two citations and an order issued to a mine operator, Hopkins County Coal, for its refusal to turn...more

Proskauer - Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

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As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more

Holland & Knight LLP

Illinois Appellate Court Limits Warrantless Searches of Liquor Licensees

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The Illinois Appellate Court has found unconstitutional a provision of the Illinois Liquor Control Act (Liquor Act) that authorizes unlimited inspection of liquor retailers' premises by local officials. The court ruled that...more

Holland & Knight LLP

Is There an Opening to Withdraw or Modify Electronic Logging Device Rule?

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The Federal Motor Carrier Safety Administration (FMCSA) published its final electronic logging device (ELD) rule on Dec. 16, 2015, which the FMCSA claims, "is intended to help create a safer work environment for drivers, and...more

McDermott Will & Emery

Ninth Circuit Considers Limits to DEA Access to Oregon PDMP

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On November 7, 2016, the US Court of Appeals for the Ninth Circuit heard arguments in Oregon Prescription Drug Monitoring Program v. United States DEA, No. 14-35402 (9th Cir. 2016). Here, the Drug Enforcement Administration...more

King & Spalding

En Banc Fourth Circuit Rules No Fourth Amendment Protection For Cell-Site Location Information

King & Spalding on

On May 31, 2016, the U.S. Court of Appeals for the Fourth Circuit held in United States v. Graham, Nos. 12-4659 and 12-4825, in an en banc rehearing, that the government’s acquisition of historical cell-site location...more

Best Best & Krieger LLP

Federal Appeals Court Questions State Senator's Order to Remove a Dissident from the Senate Building

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Removal Order Could Have Violated the First Amendment - Salvador Reza, a member of a community group focused on protecting migrant workers, attended an Arizona Senate session during a legislative hearing on a...more

Bilzin Sumberg

Think your Cellphone Usage is Private? Think Again

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In a closely-watched case out of Miami, the Eleventh Circuit Court of Appeals redefined the zone of privacy for cell phone users. As the Tech World was focused on Miami for the second annual eMerge conference, the court...more

Troutman Pepper

Second Circuit Rules PATRIOT Act Does Not Authorize Government's Bulk Telephone Metadata Collection Program

Troutman Pepper on

In yet another reminder of the importance of maintaining the privacy of personal information, the Second Circuit Court of Appeals, in ACLU v. Clapper, issued a unanimous decision striking down the National Security Agency’s...more

Best Best & Krieger LLP

BB&K Police Bulletin: California Court of Appeal Clarifies Eleventh Amendment Immunity for State Officials

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Court Holds Sheriff Not Subject to Damages Under Section 1983 - Overview: The California Court of Appeal clarified that the Eleventh Amendment immunity does not apply in civil rights actions brought in California...more

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