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Fourth Amendment

736 published works

  1. 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…

  2. Sentencing Law and Policy

    SCOTUS rules unanimously that "community caretaking" does not create special exception to Fourth Amendment for warrantless home entry

    By Douglas Berman

    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…

  3. Criminal

    SCOTUS rules unanimously that “community caretaking” does not create special exception to Fourth Amendment for warrantless home entry

    By Douglas Berman

    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…

  4. 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…

  5. 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…

  6. Appellate Advocacy Blog

    Reducing Exigencies and Rebuilding Trust

    By Michael Gentithes

    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.…

  7. 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…

  8. Plane-ly Spoken

    Drone Operators Beware….Michigan Appellate Court Opines on Privacy

    By Mark E. McKinnon

    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…

  9. Constitutional Law Prof Blog

    Court Says a Shooting by Police is a Seizure, even if victim gets away

    By Steven D. Schwinn

    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…

  10. Commercial Litigation Update

    The Supreme Court Takes a Lenient View of Personal Jurisdiction and 4th Amendment Seizures

    By Stuart M. Gerson

    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…