News & Analysis as of

Fourth Amendment State and Local Government

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

Rodemer Kane Attorneys at Law

Colorado DUI Checkpoints: 5 Jaw-Dropping Truths Every Driver Must Know

In Colorado, law enforcement conducts DUI and DWAI screenings at temporary traffic stops known as sobriety checkpoints. These checkpoints allow law enforcement to briefly contact and interact with all the drivers...more

Perkins Coie

City’s Rent Ordinance Disclosure Requirements Did Not Violate Fourth Amendment

Perkins Coie on

The Ninth Circuit rejected a Fourth Amendment challenge to the City of San José’s Apartment Rent Ordinance, ruling that the plaintiff landlords had failed adequately to allege a reasonable expectation of privacy in the...more

McDermott Will & Emery

Waiver of State Licensure Requirements for the Delivery of COVID-19 Countermeasures via Telehealth

McDermott Will & Emery on

In a fourth amendment to the March 17, 2020, Public Readiness and Emergency Preparedness Act (PREP Act), the US Department of Health and Human Services (HHS) has expanded access to COVID-19 Covered Countermeasures through...more

Dorsey & Whitney LLP

The Supreme Court - November 20, 2020

Dorsey & Whitney LLP on

United States v. Cooley, No. 19-1414: Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search respondent, a non-Indian,...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts - July 2020

In this issue, we discuss the new initiatives under New York's BitLicense regime that clarify and streamline the regulatory landscape for virtual currency entities doing business within the state. We also examine the...more

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

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

Pillsbury - Gravel2Gavel Construction & Real...

Third Circuit Addresses Preemption By Federal Common Law

The states employ unclaimed property laws (also referred to as escheat laws) to determine if property owned by one person but that is in the possession of another person is subject to the state’s control after the period of...more

Fox Rothschild LLP

Violations Of The Fourth Amendment And Other Concerns About Amendments To New Jersey’s Animal Cruelty Statute

Fox Rothschild LLP on

In New Jersey, yet another bill amending the animal cruelty statute (S1640) was recently passed into law. The amendments “[e]stablish . . . requirements concerning necessary care of dogs, domestic companion animals, and...more

McDermott Will & Emery

New Delaware Unclaimed Property Decision Further Complicates Landscape

McDermott Will & Emery on

Another federal judge slams Delaware’s unclaimed property audit methodology but rejects the holder’s reliance on the priority rules as a defense to the audit demands. See Marathon Petroleum Corp. et al. v. Cook et al., No....more

Best Best & Krieger LLP

Expanding Horizons: Drone Regulations from a Prosecutorial Perspective

BB&K attorney Jordan Ferguson writes about the criminal side of drones for the California District Attorneys Association’s Prosecutor’s Brief. Over the next few years, the skies are likely to get much more crowded....more

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