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Fourth Amendment Municipalities

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 -
Farrell Fritz, P.C.

Short-Term Rental Law Stumbles, But Survives Federal Court Challenge

Farrell Fritz, P.C. on

Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more

Best Best & Krieger LLP

Parking Enforcement Case May Reverberate Beyond 6th Circ.

Like many cities across the nation, the City of Saginaw, Michigan, has used tire chalking — the technique of marking a parked car’s tire with chalk to determine how long it has been stationary. When an officer returns to a...more

Harris Beach PLLC

Chalking it up: If you chalk cars to enforce parking, think twice

Harris Beach PLLC on

Municipalities that rely on chalking cars and sidewalks as part of their parking enforcement should change their practices after a recent ruling....more

Best Best & Krieger LLP

Simultaneous Federal and State Court Actions on Code Violations? - Ninth Circuit Says Yes… In Rare Instances

The City of Palmdale received a civil inspection warrant to investigate a family-operated motel for alleged violations of both state and local laws....more

Holland & Knight LLP

Illinois Appellate Court Limits Warrantless Searches of Liquor Licensees

Holland & Knight LLP on

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

Bond Schoeneck & King PLLC

Another NY Appellate Division Holds that Appraisers have “No Right” to Inspect a Private Residence under the Fourth Amendment

We previously reported on a Second Department case that held a municipal agent (including a private appraiser hired by a municipality) is not automatically entitled to an inspection of a private residence to prepare an...more

Faegre Drinker Biddle & Reath LLP

It’s Reassessment Time in Indiana. Can the Tax Assessor Waltz into Your Home or Business?

Not under the U.S. Constitution. However, the chapter of Indiana’s property tax code addressing real property assessment provides that a county assessor or authorized representative “may, after first making known the...more

Best Best & Krieger LLP

BB&K Police Bulletin: Police Order To Stay Put While Conducting Background Check Is A Seizure Under Fourth Amendment

The Command Can Implicate Municipal Liability - Overview: The Ninth Circuit recently held that, when a police officer orders a suspect to “stay put,” that command constitutes a seizure under the Fourth Amendment of the...more

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