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Fourth Amendment

736 published works

  1. Sentencing Law and Policy

    SCOTUS keeps us waiting on remaining big (and little) criminal justice cases

    By Douglas Berman

    Main June 11, 2018SCOTUS keeps us waiting on remaining big (and little) criminal justice casesThe Supreme Court issued a new order list and opinions in four argued cases this morning,…

  2. Supreme Court Update

    Collins v. Virginia (16-1027), Lagos v. United States (16-1519)

    By Kim Rinehart, Tadhg Dooley, David R. Roth

    As we continue to await the dropping of the other shoe (filled with 29 pending cases), let's kick two more out of the way. First up, in Collins v. Virginia…

  3. PrawfsBlawg

    SCOTUS Term: Collins v. Virginia And Remedial Shell Games

    By prawfsblawg@gmail.com

    Main Thursday, May 31, 2018SCOTUS Term: Collins v. Virginia And Remedial Shell GamesIn Collins v. Virginia, the Court held that the automobile exception to the warrant requirement does not permit…

  4. Inside Privacy

    Federal Appeals Courts Split on Forensic Searches of Devices Seized at Border

    By Jim Garland

    Two federal appellate courts are taking sharply different views on whether—and why—government agents must have some amount of suspicion to conduct forensic searches of electronic devices seized at the border.…

  5. PrawfsBlawg

    SCOTUS Term: Where are the opinions?

    By prawfsblawg@gmail.com

    Main Tuesday, May 29, 2018SCOTUS Term: Where are the opinions?I'm happy to be back at Prawfs for another end-of-term Symposium. I thought I'd kick things off with a short post…

  6. International Trade Law

    No Reasonable Suspicion Required for Forensic Searches of Electronic Devices at the Border

    By Kelly T. Currie, Paul M. Rosen, Joel Mallord, Christopher D. Garcia

    Another Circuit Weighs in on Border Search Authority Creating Circuit Split On May 23, 2018, the Eleventh Circuit, in United States v. Touset, held that reasonable suspicion is not required…

  7. Technology Law Dispatch

    Supreme Court drops hints about upcoming privacy decision in Carpenter

    By Todd Kim, Kelley Chittenden

    As previously reported, the Supreme Court on November 29 heard arguments in Carpenter v. United States, an important privacy case about the Fourth Amendment’s application to 127 days’ worth of…

  8. Criminal

    Courts Continue to Grapple with Border Searches of Electronic Devices: Fourth Circuit Rules Forensic Searches Require Individualized Suspicion

    By Alexis Danneman, Gina LaMonica

    On May 9, 2018, the Fourth Circuit Court of Appeals issued an opinion in United States v. Kolsuz, holding that the Fourth Amendment requires individualized suspicion for forensic searches of…

  9. PrawfsBlawg

    Second Thoughts on the “First View” Principle

    By prawfsblawg@gmail.com

    Main Sunday, May 20, 2018Second Thoughts on the “First View” PrincipleThe Justices often intone that theirs is “a court of review, not of first view,” but last Monday’s decisions illustrate…

  10. Supreme Court Update

    Oil States Energy Services v. Greene’s Energy Group (16-712), SAS Institute v. Iancu (16-969)

    By Kim Rinehart, Tadhg Dooley, David R. Roth

    As we forecast last week, the downpour has commenced. The Court released five new decisions yesterday morning, including one of the most anticipated of the term, Murphy v. NCAA (No.…