Statute
Fourth Amendment
736 published works
Last Month at the Supreme Court
Supreme Court To Determine Legal Standard for Fourth Amendment Malicious Prosecution Claims
By Chantel Febus, James Azadian, Christopher Sakauye, Monika Harris, Puja R. Valera, Dykema
In Chiaverini v. City of Napoleon, the Supreme Court will decide whether a plaintiff charged with a crime not supported by probable cause can prevail on a Fourth Amendment malicious…
Kirakosian Law Blog
What is Illegal Search and Seizure in a Vehicle?
The Fourth Amendment of the U.S. Constitution protects Americans from arbitrary searches and seizures. This means that government officials cannot legally violate this protection. Any evidence gathered during an illegal…
Zalma on Insurance
Officer Immune from Suit
By Barry Zalma
Insurance for State of Delaware Waives Sovereign Immunity Post 4803 See the full video at https://rumble.com/v4vkjlo-officer-immune-from-suit.html and at https://youtu.be/rosS0El3PQo On February 15, 2023, Kimberly Letke (“Plaintiff”) filed a pro se…
Sentencing Law and Policy
Might Justice Alito be a frequent vote for certain criminal defendants on the Supreme Court this term?
The question in the title of this post is prompted by this notable new NBC News article headlined "Trump, gun owners and Jan. 6 rioters: Tough-on-crime Justice Alito displays empathy…
Sentencing Law and Policy
Should prosecutors be seeking waivers of all Fourth Amendment rights "for as long as 20 years" in plea deals?
The question in the title of this post is prompted by this notable new Bolts article wih this full headline: "'An Impossible Choice': Virginians Asked to Waive Constitutional Rights to…
Criminal
Should prosecutors be seeking waivers of all Fourth Amendment rights “for as long as 20 years” in plea deals?
The question in the title of this post is prompted by this notable new Bolts article wih this full headline: "'An Impossible Choice': Virginians Asked to Waive Constitutional Rights to…
Legal Profession Blog
A Searching Inquiry
The Minnesota Supreme Court affirmed an attorney's criminal convictionAn attorney, Kristi McNeilly, was convicted of theft by swindle. During the investigation that led to her conviction, law enforcement executed two…
Constitutional Law Prof Blog
SCOTUS to Test Probable Cause for Malicious Prosecution Claims
The Supreme Court will hear oral arguments on Monday in Chiaverini v. City of Napoleon, Ohio, a case testing whether a police officer who initiates a baseless criminal charge that…
PrawfsBlawg
Don’t Bogart That Joint, My Friend
Main Tuesday, April 02, 2024Don't Bogart That Joint, My FriendThese are the opening paragraphs of the Sixth Circuit opinion in White v. Wilkey. The facts, as the court noted, are…
Kirakosian Law Blog
Understanding California Search and Seizure Laws
It is the duty of law enforcement officers to look for evidence of criminal activity, seize that evidence for analysis, and use it as evidence in court. We call this…