Law School Toolbox Podcast Episode 325: Listen and Learn -- The Fourth Amendment: Informer Tips
Bar Exam Toolbox Podcast Episode 156: Listen and Learn -- The Fourth Amendment: Informer Tips
Bar Exam Toolbox Podcast Episode 70: Tackling a California Bar Exam Essay: Criminal Law and Procedure
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
When can law enforcement officers enter a home without a warrant to address an emergency situation? This question has divided courts of years. In Case v. Montana, 607 U.S. ___ (2026), the Supreme Court examined the question...more
On January 14, 2026, the Supreme Court of the United States issued three decisions: Barrett v. United States, No. 24-5774: This case addresses whether a defendant who commits a single act that violates two subsections of...more
A recent Pennsylvania Supreme Court ruling could have broad implications for internet privacy, and employers should take note. The state’s high court ruled in December that individuals do not have a reasonable expectation of...more
Earlier this month an appellate court in New Jersey issued an opinion in State v. Bryant, holding that tower dumps are Fourth Amendment searches that require particularized warrants supported by probable cause. This...more
Lee Evans v. Newark City, et. al., No. 23-1723 (3d Cir. 2025) - In 2008, Lee Evans was charged with the disappearance and murder of five boys in 1978 based on an allegedly coerced confession of one man. A jury acquitted Evans...more
The old adage that a prosecutor could get a grand jury to “indict a ham sandwich” has long symbolized the government’s near-total control over the charging process. For decades, the data confirmed that grand juries almost...more
In New York, there has been an expression among prosecutors that a grand jury would indict a ham sandwich. As silly as that sounds in light of the serious nature of an indictment, the expression itself is an indictment of...more
U.S. Eleventh Circuit Court of Appeals - Scott v. Miami - probable cause - USA v. Ferretiz-Hernandez - immigration, reentry prohibition, constitutionality - Jekyll Island v. Polygroup Macau - personal jurisdiction,...more
All too often in litigation, winning a hard‑fought money judgment starts the equally arduous process of attempting to transform the judgment into money. Recovery may be no sure thing, particularly if the losing party...more
In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more
On March 11, New Jersey Attorney General (AG) Matthew Platkin and the New Jersey Division on Civil Rights (DCR) announced that DCR issued a finding of probable cause against Advance Funding Partners/Same Day Funding (Advance...more
In Geezil v. White Cliffs Condo. Four Ass’n, 105 Mass. App. Ct. 103 (2024), the Massachusetts Appeals Court held that an association of condominium unit owners was not responsible for the expense of accommodating an...more
U.S. law has long provided a border search exception to the Fourth Amendment warrant or probable cause requirement, allowing federal agents to search people, and their electronic devices, at border crossings without a warrant...more
A recent opinion out of the North Carolina Court of Appeals is causing comment in the criminal bar. In In The Matter Of J.B.P, (No. COA23-269), a juvenile petition was filed against the juvenile, alleging possession of...more
With a significant mass of cases left to decide and only a few weeks to issue the opinions, the U.S. Supreme Court has reduced the backlog by four yesterday. None of them, however, resolves the future of Chevron deference or...more
The Supreme Court of the United States issued four decisions today: Moore v. United States, No. 22-800: This case concerns the constitutionality of the Mandatory Repatriation Tax (“MRT”) included in the 2017 Tax Cuts and...more
On June 14, 2024, the Sixth DCA limited an officer’s authority to conduct DUI investigations that extend into other jurisdictions, and in doing so, has created a conflict with existing Florida law. In State v. Repple, the...more
State authorities recently found that a school district’s policy prohibiting employees from working paid extracurricular positions while on parental leave could violate state discrimination and family leave laws – and you may...more
The California Occupational Safety and Health Appeals Board (OSHAB) recently issued two decisions of interest to employers in California. In In re Calvary Chapel of San Jose, the Board examined issues concerning an inspection...more
On October 13, 2023, the Supreme Court of the United States granted certiorari in 4 cases: Relentless, Inc. v. Department of Commerce, 22-1219: This is the second case that the Court has agreed to hear this term...more
The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law...more
The efforts to have Judge Pauline Newman, Circuit Judge on the Court of Appeals for the Federal Circuit, unfit or guilty of misconduct have been the subject of reporting in the patent blogosphere (Patently-O, IP Watchdog),...more
No contest clauses generally are not enforceable against beneficiaries of California trusts when there is “probable cause” to challenge the trust instrument. Yet the probable cause safe harbor may disappear if the contest...more
Louisiana insurers who provide uninsured/underinsured motorist coverage are often asked for a “McDill tender” by a claimant, and it’s important for the insurer to know its obligations when responding to such a request....more
On May 20, 2019, at approximately 4:52 p.m., a man walked into the Call Federal Credit Union outside Richmond, Virginia, pointed a firearm at the tellers, and threatened to kill them and their families unless he was given at...more