Statute
Fourth Amendment
736 published works
CrimProf Blog
Bellin on Fourth Amendment Textualism
Jeffrey Bellin (William & Mary Law School) has posted Fourth Amendment Textualism on SSRN. Here is the abstract: The Supreme Court’s inability to coherently define the term “search” plagues its Fourth…
Technology Law Dispatch
Recent rulings indicate Fifth Amendment may join Fourth Amendment as critical consideration in courts’ efforts to apply constitutional protections to smartphones and other new technology
The Fourth Amendment right of the people “to be secure in their persons, houses, papers, and effects” has been center stage in debates over technology that scarcely could have been…
PrawfsBlawg
The legal fiction of “clearly established”
Main Tuesday, January 22, 2019The legal fiction of "clearly established"Orin Kerr flags this Third Circuit decision holding that a Fourth Amendment right was not clearly established where a binding circuit…
Ohio Appellate Insights
Oral Argument Preview: The Contours of a Terry Stop. State of Ohio v. Jaonte Hariston.
Update: On May 2, 2019, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. Read an analysis of the argument here. On…
SDNY Blog
Judge Engelmayer Enjoins on Fourth Amendment Grounds City Law Requiring Homesharing Platforms to Routinely Disclose Rental Data
In an opinion today, Judge Engelmayer prelminarily enjoined New York City’s new ordinance requiring homesharing platforms to share data about hosts and guests to the Mayor’s Office of Special Enforcement…
On Brief: Iowa's Appellate Blog
U.S. Supreme Court denies Iowan’s appeal challenging Fourth Amendment exception
By appellate
U.S. Supreme Court denies Iowan’s appeal challenging Fourth Amendment exception By: Rox Laird on December 4th, 2018 The U.S. Supreme Court will not hear an appeal from an Iowa man…
On Brief: Iowa's Appellate Blog
Iowan seeks to limit a Fourth Amendment exception in appeal to U.S. Supreme Court
By appellate
Iowan seeks to limit a Fourth Amendment exception in appeal to U.S. Supreme Court By: Rox Laird on November 28th, 2018 The U.S. Supreme Court on Friday will consider whether…
Criminal Law Blog
Fourth Amendment Applies to Cell Site Location Information
By mriebernlrg-com-mark-rieber
Mark Rieber, Senior Attorney, National Legal Research Group Cell-site location information ("CSLI") is location information generated by cellular phone providers that indicates which cell tower a particular phone…
SCOV Law
(In)Credible
This has got to be evidence of something. State v. Finkle, 2018 VT 111By Elizabeth KruskaWarning: law nerd post ahead. This is going to be full-on criminal procedure discussion from…
The Faculty Lounge
Limitations on Audit by the IRS: Taxpayer Can Go to Bathroom Alone
When I teach Federal Income Tax, I always describe to my students the broad powers of the IRS to request and inspect records during an audit. It is not uncommon…