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Fourth Amendment Evidence Suppression

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 -
Freeman Law

Representing Taxpayers in Sensitive Audits: A Look at the Fundamental Challenges of an Eggshell Audit

Freeman Law on

Sensitive audits present the tax practitioner with unique challenges.  They require the exercise of judgment and discretion, as well as an understanding of administrative procedure and even a command of constitutional and...more

Sullivan & Worcester

The Fourth Amendment Downs 'Video Voyeurism' in Kraft SpaGate Case

Sullivan & Worcester on

On Wednesday, Florida’s Fourth District Court of Appeal affirmed a lower court decision excluding video evidence that Florida prosecutors sought to use in their case against hundreds of men who allegedly patronized the...more

Proskauer - New Media & Technology

Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital...

The Georgia Supreme Court ruled that the retrieval of electronic automobile data from an electronic data recording device (e.g., airbag control modules) without a warrant at the scene of a fatal collision was a search and...more

Proskauer - New Media & Technology

Fourth Amendment Appeal before Georgia Supreme Court over Airbag Crash Data Could Have Implications for Autonomous Cars and...

Yesterday, the Georgia Supreme Court is set to hear oral argument in an appeal brought by a defendant convicted of vehicular homicide and other charges related to a fatal car crash. (Mobley v. State, No. S18C1546). The...more

Patterson Belknap Webb & Tyler LLP

Appeal “Tanks” After Circuit Holds That Defendant Gave Implied Consent to Have K-9 Unit Present in His Apartment After Calling 911...

On July 31, the Second Circuit issued a decision in United States v. Iverson (Kearse, Calabresi, Livingston) and affirmed the conviction of a defendant who had challenged the district court’s denial of his suppression motion...more

Patterson Belknap Webb & Tyler LLP

Second Circuit’s Lambus Decision Analyzes the Admissibility of Wiretap and GPS Evidence

On July 25, 2018, in United States v. Lambus, No. 16-4296 (Kearse, Livingston, Jeffrey Meyer, D.J.), the Second Circuit issued a lengthy decision analyzing two questions related to the suppression of GPS data from an ankle...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Byrd v. United States

On May 14, 2018, the Supreme Court of the United States decided Byrd v. United States, No. 16-1371, holding that under the Fourth Amendment, the driver of a rental car may challenge the search of that car by law enforcement...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reverses Conviction Due to Unlawful Curtilage Search

On May 1, 2018, the Second Circuit (Lynch, Carney, Hellerstein D.J. (concurring)) reversed the district court’s denial of Defendant Robert Alexander’s motion to suppress guns found after a search of a bag in front of a shed...more

Patterson Belknap Webb & Tyler LLP

Good Faith Exception to Exclusionary Rule Saves Conviction Based on Illegal Search

In United States v. Gomez, 16-181-cr (Parker, Wesley, and Droney), the Second Circuit found that the defendant’s Fourth Amendment rights were violated during a five-minute traffic stop because the police officers extended the...more

A&O Shearman

Government Dismisses All Charges In Benjamin Wey Securities Fraud Case After U.S. District Judge Suppresses All Evidence Obtained...

A&O Shearman on

On August 8, 2017, the Government moved to dismiss all charges against Benjamin Wey, the CEO of New York Global Group charged with securities fraud, wire fraud, conspiracy, and money laundering. United States District Court...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Provides Primer on Criminal Procedure in Methamphetamine Case

United States v. Lyle - In United States v. Lyle, 15-958-cr (Raggi, Chin, Lohier), the Second Circuit covered an array of criminal procedure issues—including the Fourth Amendment concerns associated with rental car...more

Alston & Bird

A Border Search Doctrine Without Borders? A Court Pushes Back Against Searches of Laptops and Cellphones

Alston & Bird on

Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more

King & Spalding

Warrantless Laptop Search Suppressed In Sixth Circuit

King & Spalding on

On May 20, 2015, the Sixth Circuit ruled that the warrantless search of a laptop exceeded the scope of a preceding private search, and was therefore unconstitutional....more

Cozen O'Connor

Facebook "Friends", 4th Amendment Privacy & Probable Cause

Cozen O'Connor on

A recent court decision has added support to the idea that there is no privacy on the internet. In United States v. Meregildo, defendant Melvin Colon moved to suppress evidence seized from his Facebook account pursuant...more

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