Statute
Fourth Amendment
736 published works
Lawyers on Strike
Hyper-technical
By John Regan
Read the SCOTUS blog article on Brown v. Davenport – upon which we have opined before – and see if you can figure out just what the issue is here.…
Inside Privacy
Ninth Circuit’s Interpretation of Private Search Exception to the Fourth Amendment Contributes to “Growing Tension” Among Circuit Courts
By Jim Garland, Megan Crowley, Gaby Vasquez
Last week, the Ninth Circuit held in United States v. Wilson, No. 18-50440, 2021 WL 4270847, that a law enforcement officer violated a criminal defendant’s Fourth Amendment rights when he…
Does Crime Pay?
Seventh Circuit Holds A Search Warrant Is Not Needed for Government Surveillance of IP Addresses
By Joan Meyer, Natalie Gabrenya
On September 8, 2021, the U.S. Court of Appeals for the Seventh Circuit released an opinion that rejected a defendant’s Fourth Amendment challenge to the government’s use of pen registers…
Health Law Prof Blog
Policing the Emergency Room
Ji Seon Song (UC Irving), Policing the Emergency Room, 134 Harv. L. Rev. 2646 (2021):The problems of policing extend beyond the street and into areas of our lives that are…
Simple Justice
Chalk Up A Win For The Fourth Amendment
In the summer, the Westhampton Beach police would hire kids to walk up and down the main drag. They had neither gun nor Taser, but were armed with a stick…
Paul W. Mollica Federal Courts Blog
Eleventh Circuit Regrets Having Invented a New Burden of Proof for Fourth Amendment Exception, So It Rules En Banc to Wipe “Reasonable Probability” From Books
In United States v. Watkins, No. 18-14336 (11th Cir. Aug. 20, 2021), the en banc Eleventh Circuit unanimously overrules the “reasonable probability” standard it had used since the 1980s to…
On Point
Fourth Amendment reasonableness requirement doesn’t mandate field sobriety tests be done a location sheltered from inclement weather
By Wisconsin State Public Defender
Portage County v. Sean Michael Dugan, 2021AP454 & 2021AP455, District 4, 8/5/21 (one-judge decision; ineligible for publication); case activity (including briefs) Dugan was stopped in a snowstorm. The officer had…
Ohio Appellate Insights
What’s On Their Minds: Can Evidence Recovered Under an Unsigned Arrest Warrant Be Suppressed? State of Ohio v. Kandale L. Harrison.
Update: On December 22, 2021 the Supreme Court of Ohio handed down a merit decision in this case. In an opinion written by Justice Donnelly, joined in full by Chief…
Ohio Appellate Insights
Merit Decision: Court Okays Investigatory Stop of Motorist Based on Tip From Unidentified Witness. State v. Tidwell
Update: On September 30, 2021, Tidwell was found guilty of one count of OVI. “Based on the totality of the circumstances then confronting the officer, we hold that his investigatory…
China Law Insight
第四次改正専利法の経過措置についてのQ＆A–中国国家知的財産局による「重大な専利権侵害紛争の行政裁決弁法」の公布
By King & Wood
第四次専利法改正は、２０２１年６月１日より施行される予定ですが、実施細則の改正はまだ決定されていないため、中国国家知的財産局は、５月２４日にその経過措置を公開しました。その経過措置については、Q＆Aの形で以下の通り整理しました。