Statute
Fourth Amendment
736 published works
Inside Privacy
Supreme Court Unanimously Holds that Unauthorized Driver Has Reasonable Expectation of Privacy in Rental Car
By Lauren Moxley Today, the Supreme Court released its decision in Byrd v. United States. The Court held that under the Fourth Amendment, a driver of a rental vehicle can…
PrawfsBlawg
Predicting Legal Puzzles
Main Thursday, April 26, 2018Predicting Legal PuzzlesNew technologies offer puzzles for law professors trying to sort through established doctrine and traditional legal principles. In the criminal justice space, new surveillance…
Global Investigations & Compliance Review
CLOUD Act is Now Law
Buried on page 2,201 of the 2,232-page 2018 Omnibus Spending Bill, the CLOUD Act was signed into law on March 23, 2018. The bill allows U.S. law enforcement to obtain…
Civil Procedure & Federal Courts Blog
SCOTUS Per Curiam Decision on Qualified Immunity
This week, the Supreme Court issued a decision in Kisela v. Hughes, reversing the Ninth Circuit without hearing oral argument. From the Court’s per curiam opinion:Petitioner Andrew Kisela, a police…
CyberAdviser
Pennsylvania Supreme Court: If You Want to Search a Cell Phone, Get a Warrant!
By Edward J. McAndrew, Fred G. DeRitis
The Pennsylvania Supreme Court recently issued a sweeping ruling “that accessing any information from a cell phone without a warrant” violates the Fourth Amendment to the United States Constitution. In…
... and Justice for All
Vehicle Stops and the Fourth Amendment; the Kentucky Supreme Court Slightly Blows One
The stop of a vehicle requires a reasonable suspicion that an occupant has been engaged in criminal activity or is, for some other reason, subject to seizure, i.e., arrest. If…
PrawfsBlawg
The Hayekian Fourth Amendment
Main Friday, February 02, 2018The Hayekian Fourth AmendmentThanks to Howard and the other PrawfsBlawg folks for allowing me to blog here the last couple of months. I wanted to leave…
Workplace Privacy, Data Management & Security Report
ABA Gets Lawyers Heightened Protections for Device Searches at International Borders
By Joseph J. Lazzarotti, Maya Atrakchi
U.S. Customs searches have become increasingly invasive over the years. Pursuant to Department of Homeland Security (DHS) policy, U.S. Customs and Border Protection (CBP) operates under the “broad search exception”,…
ImmigrationProf Blog
Fourth Amendment and the Border
My colleague Elizabeth Joh's podcast "What Trump Can Teach Us About Con Law" has a segment on "The Fourth Amendment and the Border." Here is the summary of the episode:The Fourth…
Ohio Appellate Insights
Merit Decision: A Fourth Amendment Workout. State v. Banks-Harvey.
On January 23, 2018, the Supreme Court of Ohio handed down a merit decision in State v. Banks-Harvey, 2018-Ohio-201. Justice O’Neill wrote the lead opinion of the court, joined in…