Statute
Fourth Amendment
736 published works
Paul W. Mollica Federal Courts Blog
Fifth Circuit Judge Expounds on Internal Operations, Castigates Justice Department in Dissent from Denial of Rehearing En Banc
In a dissent from denial of a sua sponte vote for rehearing en banc in a direct federal criminal appeal, United States v. Ramirez, No. 22-50042 (5th Cir. Sept. 19,…
New York Personal Injury Lawyer Blog
Search warrant used was invalid due to insufficient probable cause. People v. Bigelow, 66 N.Y.2d 417 (1986)
People v. Bigelow, a pivotal case decided by the New York Court of Appeals in 1986, marked a significant moment in the realm of criminal law. The case involved critical…
Kirakosian Law Blog
What Your Wrongful Arrest Attorney Will Do For You
In a world that values justice and fairness, wrongful arrests remain a pressing concern. Dealing with this without a good wrongful arrest attorney can turn someone’s life upside down, causing…
TechLaw Crossroads
Your Constitutional Protection Against Unreasonable Search and Seizure? It Ends at the Border
Photo by Tingey Injury Law Firm on Unsplash Every time I turn around, there’s another astounding and confounding assault on our rights. This time, it was the Fifth Circuit stepping in to ensure…
ContractsProf Blog
Orin Kerr on Terms of Service and Fourth Amendment Rights (Once More, with Feeling)
I flagged Orin Kerr's Terms of Service and Forth Amendment Rights as something I intended to read and write about back in February. I wasn't sure when I was going…
TortsProf Blog
Bell on Aggressive Police Actions to Dislodge Intruders
Bernie Bell has posted to SSRN Aggressive Police Actions to Dislodge Intruders and Competing Takings Clause and Fourth Amendment Regimes. The abstract provides:This article examines the potential overlap between the currently…
Simple Justice
Dirty Dancing In Kansas
At Techdirt, Tim Cushing makes a good point. A law enforcement activity doesn’t get a catchy nickname unless it’s pervasive. And the “Kansas two-step” is not only pervasive, it’s becoming known…
New York Personal Injury Lawyer Blog
Supreme Court determined that search of defendant’s apartment was constitutionally valid. Hill v. California, 401 U.S. 797 (1971)
The Fourth Amendment to the United States Constitution guards against unreasonable searches and seizures. It emphasizes the need for warrants issued based on probable cause and specifies that these warrants…
New York Personal Injury Lawyer Blog
NYPD’s stop and frisk policy did indeed violate the plaintiffs’ Fourth and Fourteenth Amendment rights. Floyd v. City of New York, 959 F. Supp. 2d 540 (S.D.N.Y. 2013)
Floyd v. City of New York, 959 F. Supp. 2d 540 (S.D.N.Y. 2013) is a civil lawsuit that challenged New York Police Department’s “stop and frisk”. Stop and frisk allowed…
On Point
COA holds moving motorist within parking not not unreasonable transport
By Wisconsin State Public Defender
State v. Adekola John Adekale, 2022AP1351, 3/9/20223, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) An officer stopped Adekale’s vehicle for speeding and having a bad taillight.…