Statute
Fourth Amendment
736 published works
PrawfsBlawg
The street is never the place to argue the appropriateness of an arrest. That is what our courts are for.”
Main Monday, August 19, 2019The street is never the place to argue the appropriateness of an arrest. That is what our courts are for.”This, from the NYPD Commissioner, is scary.…
Ride the Lightning
Attorney General Barr Concedes That Backdoors Degrade Security
As RTL readers know, I am a big fan of cybersecurity expert Bruce Schneier who is blunt, quotable, and generally (thank you My Cousin Vinny) "balls-on accurate." In a recent…
Sentencing Law and Policy
North Carolina Supreme Court holds mandatory lifetime GPS monitoring for some sex offenders violates Fourth Amendment
Four+ years ago as noted in this post, the US Supreme Court issued a short per curiam summary reversals in Grady v. North Carolina, No. 14-593 (S. Ct. March 30,…
Legal Profession Blog
Smell Test Fail
A decision of the Maryland Court of Appeals“The times they are a-changin’.”—Bob Dylan, The Times They Are a-Changin’It is by now well known that the laws in Maryland and elsewhere…
Simple Justice
Short Take: SWAT For Nothing
The County of St. Louis settled the trial for $750,000, which seems like an awful lot of money for a dead dog. But the underlying reason, coupled with the violation…
Ignorantia Legis Non Excusat
The End of the Term I: The Fourth Amendment and the Census Case
(Supreme Court conference room. Photo credit: Supreme Court of the United States). Brief writing is now over for a while. Time to get back to blogging. This is the first…
On Brief: Iowa's Appellate Blog
Why the Iowa Supreme Court declined to outlaw ‘pretextual’ traffic stops under the Iowa Constitution
By Rox Laird
On June 28 the Iowa Supreme Court handed down a decision in a case that presented an opportunity to strike down as unconstitutional so-called pretextual traffic stops by law enforcement…
Sentencing Law and Policy
Ruling 5-4, SCOTUS upholds constitutionality of blood test of unconscious driver
The Supreme Court handed down its last notable criminal justice ruling of the Term with a decision in favor of police powers in Mitchell v. Wisconsin, No. 18-6210 (S. Ct.…
Jimenez Law Offices Blog
Can the police unlock my phone?
By Rez
Can you be legally forced to unlock your phone or laptop?The US Supreme Court (hereinafter Court) recognized in the case of Riley v. California that cell phones are not like…
Jimenez Law Offices Blog
Can the police unlock my phone?
By John Jimenez
The US Supreme Court (hereinafter Court) recognized in the case of Riley v. California that cell phones are not like ordinary closed containers or physical objects when it comes to…