Statute
Fourth Amendment
736 published works
Sentencing Law and Policy
SCOTUS grants cert on a bunch of criminal cases, including at least one possibly exciting sentencing case
Main September 28, 2017SCOTUS grants cert on a bunch of criminal cases, including at least one possibly exciting sentencing caseOver the weekend in this post, I flagged a bunch of…
Legal Profession Blog
Stingray Search Violated Fourth Amendment
The District of Columbia Court of Appeals reversed a conviction on Fourth Amendment groundsA jury found appellant Prince Jones guilty of various offenses arising out of two alleged incidents of…
ImmigrationProf Blog
Ninth Circuit Decision: Coast Guard’s Racial Profiling of Latino an Egregious Fourth Amendment Violation
In Sanchez v. Sessions, the U.S. Court of Appeals for the Ninth Circuit, in an opinion by Judge Harry Pregerson (and joined by Judges Richard Paez and Morgan B. Christen). …
ImmigrationProf Blog
ABA’s Advice for Border-Crossing Attorneys: Use Burner Devices
Tijuana Border Crossing Traffic by Jay GlavinIt's no secret that searches of electronic devices at the border are on the rise. After all, the government's power of search and seizure…
PrawfsBlawg
Excessive force
Main Friday, July 28, 2017Excessive forceFollowing the President's speech today, the Suffolk County Police Department found it necessary to announce to the public (and remind their officers) about the Fourth…
PrawfsBlawg
Does Positive Law Speak to the Threshold Fourth Amendment Issue in Carpenter?
Main Tuesday, July 25, 2017Does Positive Law Speak to the Threshold Fourth Amendment Issue in Carpenter?In Carpenter v. United States, the Supreme Court will soon consider whether there is a…
The Compliance Gap
The Fourth Amendment Implications of Sharing Server Space
The prosecution of Martin Shkreli, whom the BBC has called “the most hated man in America,” reveals some important lessons about the Fourth Amendment protections against search and seizure in…
Constitutional Law Prof Blog
Court Punts in Cross-Border Shooting Case
Steven D. Schwinn, John Marshall Law SchoolWith all the activity at the Court yesterday, we might be excused for missing the Court's non-decision in Hernandez v. Mesa. But even as…
PrawfsBlawg
The Nine Lives of Bivens (SCOTUS Symposium)
Main Thursday, June 22, 2017The Nine Lives of Bivens (SCOTUS Symposium)In Ziglar v. Abbasi, the Court ruled against plaintiffs seeking relief from allegedly unconstitutional discrimination and abuse in the wake…
The Right Coast
So now “coordinated traffic stops” are a Fourth Amendment violation? – Hot Air Hot Air
If an officer pulls over a car for a traffic violation and suspects the car has drugs, but he can t get the drug-sniffing dog to come in time to…