Statute
Fourth Amendment
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EvidenceProf Blog
Supreme Court Rules That the Community Caretaking Exception Does Not Apply to Warrantless Home Entries
By Colin Miller
Today, the Supreme Court issued its opinion in Caniglia v. Strom. It was a unanimous opinion, with the Court concluding that the community caretaking exception to the Fourth Amendment warrant…
Sentencing Law and Policy
SCOTUS rules unanimously that "community caretaking" does not create special exception to Fourth Amendment for warrantless home entry
Though I will be thinking a lot about what a split Supreme Court did to Teague doctrine today with its ruling in Edwards v. Vannoy (discussed here), the Court also…
Criminal
SCOTUS rules unanimously that “community caretaking” does not create special exception to Fourth Amendment for warrantless home entry
Though I will be thinking a lot about what a split Supreme Court did to Teague doctrine today with its ruling in Edwards v. Vannoy (discussed here), the Court also…
On Point
Police entry into backyard didn’t violate Fourth Amendment
By Wisconsin State Public Defender
State v. Christopher D. Wilson, 2020AP1014-CR, District 1, 5/11/21 (one-judge decision; ineligible for publication); case activity (including briefs) Police lawfully entered Wilson’s backyard under the “knock and talk” exception to…
Criminal
DNSGTW: Dissent into Madness
By Daniel Weeks
Criminal Procedure is a poorly named class: you don't learn how to become a kingpin. It should just be called "Totally Legit State-Sponsored Violence." We read case after case justifying…
Appellate Advocacy Blog
Reducing Exigencies and Rebuilding Trust
Exigent circumstances have appeared on the Supreme Court’s mind (and docket) frequently in recent months. After hearing arguments on the hot pursuit species of exigent circumstances in February’s Lange v.…
On Point
SCOTUS says shooting can be Fourth Amendment seizure
By Wisconsin State Public Defender
Torres v. Madrid, USSC No. 19-292, 2021 WL 1132514, 3/25/21, reversing 769 Fed. Appx. 654 (10th Cir. 2019); Scotusblog page (including links to briefs and commentary) Fans of dueling citations…
Plane-ly Spoken
Drone Operators Beware….Michigan Appellate Court Opines on Privacy
In a new decision, the Michigan Court of Appeals has held that when it comes to privacy and aerial surveillance, a landowner has a greatly enhanced expectation of privacy when…
Constitutional Law Prof Blog
Court Says a Shooting by Police is a Seizure, even if victim gets away
Steven D. Schwinn, University of Illinois Chicago School of LawThe Supreme Court ruled this week that a shooting by police officers is a "seizure" under the Fourth Amendment, even if…
Commercial Litigation Update
The Supreme Court Takes a Lenient View of Personal Jurisdiction and 4th Amendment Seizures
Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: "The Supreme Court Takes a Lenient View of Personal Jurisdiction and…