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Fourth Amendment New York

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 -
Falcon Rappaport & Berkman LLP

Not So Fast, Court Tells New York City Sheriff’s Office – Court Issues Injunction Ordering Immediate STOP to “Unconstitutional”...

Recently, New York State Supreme Court Justice Thomas Marcelle ordered an immediate halt to warrantless searches of licensed hemp retailers. These searches had been conducted in connection with raids targeting smoke shops and...more

Jackson Lewis P.C.

New York Source-of-Income Antidiscrimination Statute Deemed Unconstitutional

Jackson Lewis P.C. on

The source-of-income antidiscrimination statute in the New York State Human Rights Law (NYSHRL) is unconstitutional as it violates the Fourth Amendment of the U.S. Constitution, New York State Supreme Court Judge Mark G....more

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