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Fourth Amendment Constitutional Challenges Warrants

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

Update: Fourth Circuit Dodges Constitutionality of Geofence Warrants

Venable LLP on

Earlier this year, we wrote on the Fourth Circuit's en banc rehearing in United States v. Chatrie, a criminal appeal addressing whether a geofence warrant used to locate the defendant in a bank robbery trial was a...more

EDRM - Electronic Discovery Reference Model

En Banc Fourth Circuit Geofence Decision is Splintered

In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more

McAfee & Taft

Gavel to Gavel: Warrants and the workplace

McAfee & Taft on

Law enforcement agents are not all-powerful in the United States; their power is restricted by the Fourth Amendment to the United States Constitution. Although primetime police dramas often paper over the details, every...more

Holland & Knight LLP

Illinois Police Officer Drug and Alcohol Tests Raise Constitutional Questions

Holland & Knight LLP on

• Illinois expanded the Police and Community Relations Improvement Act (PCRIA) to add special procedures for officers involved in incidents where their firearm is discharged causing injury or death to an individual. • New...more

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