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Fourth Amendment Arrest

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 -
Law School Toolbox

Law School Toolbox Podcast Episode 325: Listen and Learn -- The Fourth Amendment: Informer Tips

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Fourth Amendment to the Constitution and the limits it imposes on police actions based on tips from anonymous...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 156: Listen and Learn -- The Fourth Amendment: Informer Tips

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Fourth Amendment to the Constitution and the limits it imposes on police actions based on tips from anonymous...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Use of Handcuffs During Late Night Terry Stop

In United States v. Bekim Fiseku, the Second Circuit (Cabranes, Lynch, Carney) rejected the defendant’s argument that police officers unlawfully seized evidence from the trunk of his co-defendant’s vehicle. ...more

Patterson Belknap Webb & Tyler LLP

The Circuit Raises A Glass To A Broad Construction Of Law Enforcement’s Authority Under The Fourth Amendment

Yesterday the Second Circuit issued a decision in United States v. Diaz, No. 15-3776 (Walker, Sack, Chin). In an opinion by Judge Sack, the Court addressed two questions under the Fourth Amendment: when does a police...more

Carlton Fields

U.S. Supreme Court: Warrant Generally Required to Search Information on a Cell Phone, Even Incident to Arrest

Carlton Fields on

The United States Supreme Court has ruled that police officers must generally secure a warrant before searching through the contents of a cell phone of a person they arrest. This decision will have important implications for...more

Best Best & Krieger LLP

BB&K Police Bulletin: DNA Collection - U.S. Supreme Court Upholds Cheek Swab Search

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

Best Best & Krieger LLP

BB&K Police Chief Bulletin: Custodial Arrest - Only Three Ways to Support Custodial Arrest for Suspected Infraction

Overview: The Ninth Circuit Court of Appeals recently ruled that police could not take into custody a person cited for an infraction (in this case, trespassing) unless the arrestee has no satisfactory identification, refuses...more

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