News & Analysis as of

Police Search & Seizure Fourth Amendment

Robins Kaplan LLP

To Seize or Not to Seize: Campus Protests and Police Uses of Force

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Dozens of college and university campuses experienced protests in April and May of 2024 due to the ongoing conflict in the Middle East. Many were peaceful, but some turned violent — and they engendered a wide variety of law...more

Law School Toolbox

Law School Toolbox Podcast Episode 325: Listen and Learn -- The Fourth Amendment: Informer Tips

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Fourth Amendment to the Constitution and the limits it imposes on police actions based on tips from anonymous...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 156: Listen and Learn -- The Fourth Amendment: Informer Tips

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Fourth Amendment to the Constitution and the limits it imposes on police actions based on tips from anonymous...more

Patterson Belknap Webb & Tyler LLP

Rare En Banc Second Circuit Says “Spread Eagle” Order Not a Search Over Spirited Dissents Decrying State of Fourth Amendment...

The Second Circuit, sitting en banc, reversed a panel decision holding that officers lacked reasonable suspicion to frisk defendant Calvin Weaver after a traffic stop. The en banc majority (Judge Nardini, who authored the...more

Cranfill Sumner LLP

Significant Criminal Cases from the Supreme Court’s 2020-2021 Term

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The Supreme Court recently concluded the 2020-2021 term with its decision in the controversial voting rights case of Brnovich v. Democratic National Committee. Although Brnovich and other high-profile cases like Fulton v....more

Poyner Spruill LLP

Torres v. Madrid (New Excessive Force Opinion from SCOTUS)

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In a 5-3 decision authored by Chief Justice Roberts, the U.S. Supreme Court ruled in Torres v. Madrid that a woman who was shot while fleeing from police officers was “seized,” even though she remained at large. ...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reverses One Conviction for Lack of Venue, Affirms Others Despite Unlawful Warrant

In United States v. Purcell, the Second Circuit (Lynch, Pooler, and Park) considered the conviction of defendant Lavellous Purcell on five counts all arising out of his operation of a prostitution business. On appeal,...more

Patterson Belknap Webb & Tyler LLP

Fourth Amendment Rights Without Remedies: Split Panel Holds That Delayed Warrant Was Unreasonable, But Exclusionary Rule Does Not...

In United States v. Smith, the Second Circuit (Katzmann, Kearse, Meyer, by designation) issued a split opinion weighing whether a month-long delay between authorities’ seizure of a tablet computer and their application for a...more

Best Best & Krieger LLP

“Chalking” Vehicles is a Search Under the Fourth Amendment, Sixth Circuit Finds - Court Did Not Address Whether Chalking Violates...

The City of Saginaw, Mich. uses the common technique of “chalking” — marking a parked car’s tire with chalk to track how long it is stationary. If an officer sees the chalk on the tire beyond the amount of time of the parking...more

Holland & Knight LLP

Illinois Police Officer Drug and Alcohol Tests Raise Constitutional Questions

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• 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

Womble Bond Dickinson

North Carolina Law Requires Nurses to Comply with Police Demand for Blood Draw

Womble Bond Dickinson on

The drawing of blood by healthcare providers for law enforcement purposes has been big news lately. In June, the North Carolina Supreme Court held in a case of first impression that North Carolina’s implied consent statute...more

Haight Brown & Bonesteel LLP

United States Supreme Court Shuts Down Ninth Circuit’s "Provocation Rule"

In an October 2010 use of force case arising out of an incident in Los Angeles County, the Ninth Circuit attempt to expand officer liability with the “Provocation Rule” was struck down by the United States Supreme Court....more

Best Best & Krieger LLP

BB&K Police Chief Bulletin: Custodial Arrest - Only Three Ways to Support Custodial Arrest for Suspected Infraction

Overview: The Ninth Circuit Court of Appeals recently ruled that police could not take into custody a person cited for an infraction (in this case, trespassing) unless the arrestee has no satisfactory identification, refuses...more

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