Statute
Fourth Amendment
736 published works
On Point
SCOW to review highly fact-specific Fourth Amendment defense win
By Wisconsin State Public Defender
State v. James Timothy Genous, 2019AP435, review of a per curiam court of appeals decision granted 9/16/20; case activity (including briefs) Issue presented: Do the following facts contribute to reasonable…
Nahmod Law
Chalking Tires, Parking Tickets, Community Caretaking and the Fourth Amendment
Do you park your car in public spaces? The Sixth Circuit’s Fourth Amendment tire-chalking decision in Taylor v. City of Saginow, 922 F.3d 328 (6th Cir. 2019) is an interesting…
Appellate Advocacy Blog
Jamison v. McClendon — A Missed Opportunity
In Jamison v. McLendon, District Judge Carlton Reeves drafted a powerfully written and compelling opinion that highlighted a law enforcement officer’s egregious – and unconstitutional – treatment of a suspect…
Schroeder Ag Law Blog
"Open Fields" in Indiana: Can the Government Secretly Record Your Property?
Here in Indiana, can the government secretly record you and your family while you’re in the fields? A recent Farm Journal article on the “Open Fields” doctrine shines a light…
Global Regulation Tomorrow
A little less privacy: cryptocurrency transactions under the Fourth Amendment
For some people, the appeal of using cryptocurrencies like Bitcoin includes the perception that they may offer greater privacy protections for financial transactions, including shielding them from law enforcement scrutiny.…
PrawfsBlawg
Judge Reeves on qualified immunity
Main Wednesday, August 05, 2020Judge Reeves on qualified immunityAn opinion to behold from Judge Reeves of the Southern District of Mississippi. (H/T: Michael Masinter). the 72-pager includes a lengthy history…
Chicago Business Attorney Blog
4th Amendment Protections for Digital Data Have Remained Modest
The Supreme Court decided two years ago in Carpenter v. United States that the Fourth Amendment requires police to obtain a warrant, in most circumstances, to access GPS location information…
Simple Justice
Berkeley’s Mencken Corps
Traffic stops have problems. They’re used as a pretext to stop drivers for other reasons to circumvent the Fourth Amendment. They’re used for racial profiling. And then there’s always the…
Virtual Currency Report
Blockchain Week in Review: Week of July 10, 2020
By Perkins Coie
Weekly Focus: Fifth Circuit Limits Privacy on Digital Asset Transactions SEC Approves Digital Shares for Treasury Fund CFTC to Develop Holistic Framework for Digital Asset Innovation FATF Issues New Report…
Inside Privacy
United States v. Moore-Bush: No Reasonable Expectation of Privacy Around the Home
On June 16, 2020, the First Circuit released its opinion in United States v. Moore-Bush. The issue presented was whether the Government’s warrantless use of a pole camera to continuously…