Statute
Fourth Amendment
736 published works
Sentencing Law and Policy
"Sentenced to Surveillance: Fourth Amendment Limits on Electronic Monitoring"
The title of this post is the title of this notable new paper authored by Kate Weisburd and recently posted to SSRN. Here is its abstract: As courts and legislatures…
PrawfsBlawg
Original Intent vs. Original Public Meaning
Main Saturday, May 30, 2020Original Intent vs. Original Public MeaningI'm still writing the portion of my book on Ogden v. Saunders (more on that to come). Here is one thought…
eDiscovery Today Blog
Court Rules that FBI Violated the Fourth Amendment When it Viewed the Defendant’s Lock Screen: eDiscovery Case Law
By Doug Austin
In U.S. v. Sam, Washington District Judge John C. Coughenour granted the defendant’s motion in part to suppress cell phone contents ruling that the FBI “‘searched’ the phone within the…
The IP Breakdown
Your Internet Browsing History Is as Safe as Ever
By Tara Aaron
Your web browsing history is exactly as safe from surveillance by the federal government as it was yesterday. Which is to say, not wide open, but not wildly safe either.…
Simple Justice
One Hole Down
District of South Dakota Chief Judge Roberto Lange has, finally, taken one hole out of play. In a sharp rebuke to the practice, Chief Judge Roberto Lange of the U.S.…
Wiley Executive Summary
Arrest and Filing of Charges Triggers Wrongful Conviction Defense Coverage
The Eighth Circuit, applying Missouri law, has held that a law enforcement liability insurer has a duty to defend a county and law enforcement officials in a suit alleging violation…
Sentencing Law and Policy
SCOTUS upholds, by vote of 8-1, traffic stop after run of vehicle plate shows revoked driver's license
The Supreme Court this morning handed down its opinion in Kansas v. Glover, No. 16-556 (S. Ct. Apr. 6, 2020) (available here). Justice Thomas delivered the opinion of the Court,…
The Firewall
The Privatization of the Fourth Amendment?
This year may prove to be one in which the concepts of privacy vis-à-vis the government and private concerns may converge. In 2018, the United States Supreme Court ruled in…
ImmigrationProf Blog
Breaking News: Supreme Court decides cross border shooting case
Today, the Supreme Court decided the cross border shooting case, Hernandez v. Mesa. Here is the opinion. The issue in the case was whether, when the plaintiffs plausibly allege that a…
Appellate Advocacy Blog
Reasonable Sources on Appeal
Many of the legal standards courts apply to appellate issues resolve around the inevitably fuzzy concept of reasonableness. The reasonable person, reasonable expectations of privacy, reasonable observers, reasonably prudent consumers,…