Statute
Fourth Amendment
736 published works
PrawfsBlawg
“Favorable termination” requires non-conviction and nothing more
Main Monday, April 04, 2022"Favorable termination" requires non-conviction and nothing moreHere is my SCOTUSBlog recap on Thompson v. Clark, decided Monday. Kavanaugh writes for six, holding that favorable termination for…
On Point
Defense win! Warrantless entry into hotel room violated the 4th Amendment
By Wisconsin State Public Defender
State v. Eric D. Bourgeois, 2020AP1808-CR, 3/23/22, District 2 (recommended for publication); case activity (including briefs) Police went looking for Bourgeois at a hotel because he might have been in…
Paul W. Mollica Federal Courts Blog
Sixth Circuit and En Banc Eleventh Circuit Each Forgive the Government’s Abandonment of Fourth Amendment Arguments, Finding Them Forfeited Rather Than Waived
Two courts issue decisions the same day considering Fourth Amendment arguments that the government forfeited, holding that federal courts of appeals have the power and can properly exercise their discretion…
Chicago Criminal Law Blog
Warrantless entry under Lange: Part 2. The new rule or case-by-case approach
In the previous blog post, we discussed the warrant requirement generally and some exceptions that have been applied over the years. In this post, we are looking at a relatively…
EvidenceProf Blog
D.C. Court of Appeals Applies Torres to Find a Seizure Even When the Suspect Got Away
By Colin Miller
Last year, I wrote cert stage and merits stage amici curiae briefs in Torres v. Madrid, which dealt with the question of what constitutes a "seizure" under the Fourth Amendment.…
On Point
Community caretaker doctrine still applies to traffic stops
By Wisconsin State Public Defender
State v. Randy J. Promer, 2020AP1715-CR, 12/21/21, District 3 (not recommended for publication); case activity (including briefs). Last term, SCOTUS rejected the idea that “community caretaking” is a standalone doctrine…
Ohio Appellate Insights
What’s On Their Minds: Was Warrantless, Suspicionless Search of Probationer’s Cell Phone Improper? State of Ohio v. Daniel J. Campbell
“Shouldn’t there be a nexus between what the person is on probation for and why they would search?” Justice Donnelly, to the assistant county prosecutor “So, what do we do…
Nahmod Law
The Shot Suspect Who Escapes & The Seizure Question: Torres v. Madrid (2021)
Background At the outset, note that intent is a condition precedent for a Fourth Amendment violation. The Supreme Court put it this way: It is clear . . . that…
Ohio Appellate Insights
Oral Argument Preview: Was Warrantless, Suspicionless Search of Probationer’s Cell Phone Improper? State of Ohio v. Daniel J. Campbell
Update: Read the analysis of the argument here. On October 26, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Daniel J. Campbell, 2020-1187.…
Perkins on Privacy
Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018-2021
A forthcoming Harvard Law Review article reviewed 857 cases that cited Carpenter v. United States, the landmark Supreme Court Fourth Amendment case, from its publication in June 2018 to March…