Statute
Fourth Amendment
736 published works
Legal Theory Blog
Krishnamurthi on Remedies for Unconstitutional Immigration Enforcement
Guha Krishnamurthi (University of Maryland Francis King Carey School of Law) has posted Remedying Unconstitutional Immigration Enforcement (Cardozo Law Review de·novo (forthcoming 2025)) on SSRN. Here is the abstract: Fearmongering…
Legal Theory Blog
Bloom on Individualized Suspicion and Stops, Searches, or Arrest
Aliza Hochman Bloom (Northeastern Univesity School of Law) has posted Suspicion by Association on SSRN. Here is the abstract: The constitutional requirement that police have individualized suspicion prior to a…
Philadelphia Criminal Defense Blog
PA Superior Court: Shining Flashlight Into Small Opening of Shoebox Violates Plain View Doctrine
Pennsylvania Superior Court Reverses Conviction Based on Warrantless Shoebox Search Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire In Commonwealth v. Herlth, 2025 PA Super 73, the Pennsylvania Superior Court…
Herman Legal Group Blog
Can Border Patrol Go Through My Cell Phone? What You Need to Know About U.S. Border Searches of Electronic Devices
U.S. Customs and Border Protection (CBP), part of the border patrol, has increased its use of electronic device searches at the border—a practice that, while legal, raises serious concerns…
Kirakosian Law Blog
The Dangers of Excessive Police Force: Why It’s a Serious Problem
Law enforcement officials are responsible for safeguarding and serving the public, but using excessive force violates our rights. Excessive force happens when police officers use more force than is reasonably…
Legal Theory Blog
Plante on the Fourth Amendment, Third Party Doctrine, and Location Data
Nicole Plante (Yale Law School) has posted Find My Friends, Lose My Privacy? Responding to Third-Party Doctrine's Failure in the Digital Age on SSRN. Here is the abstract: This Note…
Legal Theory Blog
Kerr on Data Scanning and the Fourth Amendment
Orin S. Kerr (Stanford Law School) has posted Data Scanning and the Fourth Amendment on SSRN. Here is the abstract: A crucial question of Fourth Amendment law has recently divided…
Legal Theory Blog
Steed on Nighttime Police Knock-and-Talks
Jason Steed (University of Kentucky - J. David Rosenberg College of Law) has posted "More Than Any Private Citizen Might Do": The Need for a Clear Rule Against Nighttime Knock-and-Talks…
Kirakosian Law Blog
What Is an Illegal Arrest? Understanding Your Rights
Being arrested can be a frightening and overwhelming experience, especially if it happens without proper legal justification. But what exactly makes an arrest illegal, unlawful, or wrongful? While these terms…
Appellate and Supreme Court
Latest SCOTUS order list full of intrigue while engaging Second, Fourth and Sixth Amendment (originalist?) jurisprudence
The US Supreme Court is back in action with oral arguments this week after nearly a month off, and today's action starts with this lengthy new order list. Running 58…