Statute
Fourth Amendment
736 published works
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Father wins constitutional appeal after the city seized his child due to mother's neglect
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This case arose when the government determined to remove the child, KA, from the plaintiff-father, KW, on the basis that the child's mother was unsuitable to raise KA due to…
Kirakosian Law Blog
What Amendment Requires Probable Cause and What “Objectively Reasonable Force” Means
Most people don’t think about constitutional law until something feels off, an arrest that didn’t make sense, a search that felt intrusive, or force that seemed unnecessary. In those moments,…
Data Privacy + Cybersecurity Insider
SCOTUS Hears the Next Big Fourth Amendment Fight Over Digital Location Data
By Roma Patel
Earlier this year, the Pennsylvania Supreme Court held that users generally lack a reasonable expectation of privacy in unprotected Google search records, underscoring how aggressively some courts are still applying…
Libation Law Blog
The Fourth Amendment Walks Into a Bar: Federal Court Says Michigan’s Warrantless Liquor Inspection Law Is Unconstitutional. Your State’s May Be as Well
Every alcohol licensee knows the knock. A liquor investigator, police officer, excise agent, revenue agent, or local enforcement official walks into the licensed premises and asks to inspect records, walk…
Jotwell
How “Defund the Police” Diminishes the 4th Amendment
By SpearIt
When NFL star Colin Kaepernick was in the spotlight in 2016 for protesting police violence, the notion of “defund the police” was just a fledgling idea in criminal justice reform.…
Wait A Second!
Protester loses excessive force on qualified immunity grounds
By secondcircuitcivilrightsblogsecondcircuitcivilrig
You may not be aware of this, but the Supreme Court on a regular basis summarily reverses rulings from around the country holding that a jury may find that police…
inversecondemnation.com
New 4A Property Rights Cert Petition: Govt GPSing Your Boat Is Warrantless Search
A newly-filed property rights cert petition worth watching. [Disclosure: this one is from our firm, so we won't be commenting.] Here are the Questions Presented: "Whether Maine’s requirement that lobstermen…
Kirakosian Law Blog
Which Amendment Protects Against Unreasonable Searches and Seizures?
Most people know the feeling, being stopped by police, questioned, or searched, and wondering whether what’s happening is actually legal. That moment cuts straight to a fundamental question: which amendment…
inversecondemnation.com
X Corp. Amicus In Geofence Warrants Case: Property, Contract, And The Fourth Amendment
Check out the amicus brief of X (fka Twitter) in the Fourth Amendment case involving geofence warrants now briefed and awaiting argument at the U.S. Supreme Court (Chatrie v. United…
Chicago Criminal Law Blog
“Geofencing” Case to be Heard in Supreme Court
Controversial Practice Already “Categorically” Prohibited by Lower Courts As we have previously covered, law enforcement’s use of “geofencing” warrants, which uses GPS, cellular networks, and Wi-Fi to track location information…