Statute
Fourth Amendment
736 published works
Sentencing Law and Policy
SCOTUS completes OT20 criminal docket with "it depends" Fourth Amendment ruling on misdemeanors and exigent circumstances
Astute law students often learn pretty quickly that "it depends" is often a pretty good answer to hard legal questions. Consequently, I am not too surprised that the Supreme Court…
Criminal
SCOTUS completes OT20 criminal docket with “it depends” Fourth Amendment ruling on misdemeanors and exigent circumstances
Astute law students often learn pretty quickly that "it depends" is often a pretty good answer to hard legal questions. Consequently, I am not too surprised that the Supreme Court…
Simple Justice
Prickett: Portland Police Take Their Ball Home
Ed. Note: Greg Prickett is former police officer and supervisor who went to law school, hung out a shingle, and now practices criminal defense and family law in Fort Worth,…
On Brief: Iowa's Appellate Blog
Iowa Supreme Court expected to release opinions in seven cases Friday
By Rox Laird
Opinions in seven cases are expected to be released by the Iowa Supreme Court Friday, June 18. Go to On Brief’s Cases in the Pipeline page and click on the…
On Brief: Iowa's Appellate Blog
U.S. Supreme Court sends Dubuque police search case back to the Eighth Circuit
By Rox Laird
The U.S. Supreme Court remanded a case involving a warrantless search by Dubuque police to the Eighth Circuit Court of Appeals for further consideration in light of a May 17…
Kirakosian Law Blog
False Arrest: How to Defend Yourself Against Wrongful Arrest
Did you know that being falsely arrested is a violation of your civil rights? If you believe you were wrongfully arrested, you can hire a wrongful arrest attorney to defend…
EvidenceProf Blog
Supreme Court of Colorado Finds Impeachment Exception to Exclusionary Rule Doesn’t Cover Truthful But Misleading Testimony
By Colin Miller
The Fourth Amendment to the United States Constitution and article II, section 7 of the Colorado Constitution protect against “unreasonable searches and seizures.” However, because the Fourth Amendment is silent…
EvidenceProf Blog
District of New Jersey Finds “Friend With Benefits” Had Standing to Challenge Search of His Friend’s Place
By Colin Miller
The Fourth Amendment states thatThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no…
On Point
SCOTUS disclaims “community caretaking” as a “standalone doctrine”; at least as to the home
By Wisconsin State Public Defender
Caniglia v. Strom, USSC No. 20-157, 2021 WL 1951784 , May 17, 2021; Scotusblog page (including links to briefs and commentary) In four quick pages, a unanimous Supreme Court rejects…
The Right Coast
Supreme Court shuts down police attempts to search homes without a warrant | Washington Examiner
The court, in a unanimous decision, found that police, using the "community caretaking" exception to the Fourth Amendment's prohibitions on unreasonable searches and seizures, were not allowed to enter a…