Statute
Fourth Amendment
736 published works
EvidenceProf Blog
Supreme Court Rules That An Officer’s Application of Force With Intent to Restrain is a Seizure
By Colin Miller
Today, the United States Supreme Court issued a landmark ruling in Torres v. Madrid, holding that "[t]he application of physical force to the body of a person with intent to…
EvidenceProf Blog
Oral Arguments in Caniglia v. Strom Today at 10:00am EST
By Colin Miller
This morning at 10:00am EST, the United States Supreme Court will hear oral arguments in Caniglia v. Strom. You should be able to listen live to the oral arguments on…
California Public Safety Labor Blog
CA Negligence Law is Broader than Federal 4th Amendment Law in Interpreting Officer’s Use of Lethal Force
By Mastagni Law
On February 17, 2021, the Ninth Circuit Court of Appeals reversed the district court’s grant of summary judgement for the City of Huntington Beach Police Department in a lawsuit involving…
ImmigrationProf Blog
The Fourth Amendment: A Shield Cast Aside
Gust blogger: Dustin Ercolano, law student, University of San FranciscoImagine the following: several armed law-enforcement officers storm into a house in the dead of night or early hours of the…
Ohio Appellate Insights
What’s On Their Minds: Expectation of Privacy in a Hospital: Should Personal Items Seized Without a Warrant from a Suspect’s Hospital Room Be Suppressed? State of Ohio v. Jacob LaRosa
Update: On November 18, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here “You are saying a third party can’t just…
Virgin Islands Law Blog
American Bar Delegates Call For End to Border Exception in V.I. Search and Seizure Case
By Tom Bolt
A push for legal protection under the Constitution for the U.S. Virgin Islands recently won support from a national organization representing lawyers. Members of the Virgin Islands Bar Association petitioned…
Cleary Cybersecurity and Privacy Watch
First Circuit Upholds Border Searches of Electronic Devices Without Probable Cause
By David E. Brodsky, Lev Dassin, Victor L. Hou, Rahul Mukhi, Giovanni P. Prezioso, Samuel Levander
In a decision with potentially far-reaching implications, Alasaad v. Mayorkas, Nos. 20-1077, 20-1081, 2021 WL 521570 (1st Cir. Feb. 9, 2021), the First Circuit recently rejected First and Fourth Amendment challenges…
Cleary Enforcement Watch
First Circuit Upholds Border Searches of Electronic Devices Without Probable Cause
By David E. Brodsky, Lev L. Dassin, Victor L. Hou, Rahul Mukhi, Giovanni P. Prezioso, Samuel Levander
In a decision with potentially far-reaching implications, Alasaad v. Mayorkas, Nos. 20-1077, 20-1081, 2021 WL 521570 (1st Cir. Feb. 9, 2021), the First Circuit recently rejected First and Fourth Amendment challenges…
Ohio Appellate Insights
Oral Argument Preview: Expectation of Privacy in a Hospital: Should Personal Items Seized Without a Warrant from a Suspect’s Hospital Room Be Suppressed? State of Ohio v. Jacob LaRosa
Update: On November 18, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here Read an analysis of the oral argument here.…
On Point
New 5th Circuit case limits cell phone searches
By Wisconsin State Public Defender
Click here to read Orrin Kerr’s analysis of a recent 4th Amendment case from the 5th Circuit. The government properly obtained a warrant to search for text, messages, call logs,…