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Search Warrant › Fourth Amendment › Police

Zuckerman Spaeder LLP

How many times can the same police department arrest you on a warrant that bears your name but is plainly not intended for you?

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What’s in a name? If it’s in a warrant and you’re in the Eleventh Circuit, enough to arrest and jail you for three days even if you don’t match the description of the wanted person, the warrant was issued 26 years earlier...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

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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

Best Best & Krieger LLP

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

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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

Best Best & Krieger LLP

Law Enforcement in the 21st Century: How The Courts Are Responding

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As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more

Blank Rome LLP

Second Circuit Finds Fourth Amendment Violation in Law Enforcement Retention of Computer Files Not Within Scope of Search Warrant

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On June 17, 2014, the United States Court of Appeals for the Second Circuit issued a significant Fourth Amendment decision in United States v. Ganias. The decision is premised on the well-established notion that, because of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Riley v. California and United States v. Wurie

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On June 25, 2014, the Supreme Court of the United States decided Riley v. California, No. 13-132, and United States v. Wurie, No. 13-212, holding that police must generally obtain a warrant before searching a cell phone...more

Ballard Spahr LLP

U.S. Supreme Court Cell Phone Privacy Decision Deserves Employer Attention

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In a unanimous decision, the U.S. Supreme Court ruled this week in Riley v. California that police generally may not conduct a warrantless search of digital data stored on the cell phone of someone who has been arrested. The...more

Best Best & Krieger LLP

BB&K Police Bulletin: Officers Must Obtain Warrant to Access Data on Arrestee's Mobile Phone Device

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Overview: Today, the U.S. Supreme Court held that police officers may not search digital information on a mobile phone device seized from a person who has been arrested without a warrant. In Riley v. California and U.S. v....more

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