Statute
Fourth Amendment
736 published works
Simple Justice
Kopf: A Very Short Chalk Talk and A Request For Help
A meter maid, let’s call her Rita, chalks your car tire so that when she returns a couple of hours later, she will know whether you parked your car too…
Simple Justice
Win At SCOTUS, Lose Anyway
As that well-known legal wag Orin Kerr put it, why bother? Reminder: Every defendant who wins at SCOTUS when the court takes a broad interpretation of the 4th Amendment right…
Sentencing Law and Policy
SCOTUS grants cert on Fourth Amendment issue involving reasonable suspicion
The Supreme Court this morning via this order list granted certiorari in one criminal case, though sadly not one involving a sentencing issues. Specifically, the new case (to be heard…
ImmigrationProf Blog
Immigration Article: The New Latinx ‘Repatriation’? Removals, Criminal Justice, and the Efforts to Remove Latinx Peoples from the United States by Kevin R. Johnson
The New Latinx 'Repatriation'? Removals, Criminal Justice, and the Efforts to Remove Latinx Peoples from the United States by Kevin R. Johnson, UCLA Law Review Symposium on Latinx and Criminal…
Data Law Insights
Seventh Circuit Wades into Big Data Case Law
By Kate Growley
As the country’s new Congress settles into its term, several technology issues are coming to the forefront. A number of Senators recently questioned the Department of Justice over how it is collecting cellphone-location…
ImmigrationProf Blog
Immigration Article of the Day: All Watched Over by Machines of Loving Grace: Border Searches of Electronic Devices in the Digital Age by Sean O’Grady
All Watched Over by Machines of Loving Grace: Border Searches of Electronic Devices in the Digital Age by Sean O'Grady, Fordham Law Review, Forthcoming AbstractThe border search exception to the Fourth…
The Firewall
Biometrics and Search Warrants: The Intersection of Your iPhone and the Fourth and Fifth Amendments
By Jonathan S. Feld, Jane A. Gerber
On January 19, 2019, federal Magistrate Judge Kandis Westmore of the Northern District of California denied the Government’s application for a search warrant that sought: “all digital devices” present at…
Simple Justice
Indiana’s “100% Certain” Exception To The Fourth Amendment
The question isn’t whether Reserve Officer Sean Dolan was telling the truth or not, or even right or not, but whether his certainty that Zachariah Marshall was speeding is good…
Ohio Appellate Insights
What’s On Their Minds: Challenging Standing at a Suppression Hearing. State of Ohio v. Justin W. Wintermeyer.
Update: On December 17, 2019, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. “So we are going to throw out our…
Family Law Legal Research Blog
Admissibility of GPS Surveillance Data in Civil Cases
By ahemenwaynlrg-com-anne-b-hemenway
Anne Hemenway—Senior Attorney, National Legal Research Group When a spouse places a Global Positioning Systems ("GPS") device in the other spouse's vehicle without consent to monitor that spouse's movements…