Statute
Fourth Amendment
736 published works
Ohio Appellate Insights
Merit Decision: Court Nixes Warrantless Pre-Impoundment Inventory Search of Legally Parked Car Despite Arrest of Occupant. State v. Leak
On January 20, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Leak, 2016-Ohio-154. In a 4-3 decision written by Justice O’Neill, joined in full…
ImmigrationProf Blog
Supreme Court Invited SG to Brief Issues Raised in Cert Petition by Border Enforcement Abuse Case
This morning, the Supreme Court invited the Solicitor General of the United States to file a brief in Hernandez v. Mesa. The issues presented by that cert petition are:Issue: (1)…
Data Privacy + Cybersecurity Insider
Supreme Court denies cert in case involving cell location privacy rights
On July 31, 2015, Quartavious Davis petitioned for certiorari in Davis v. United States, No. 15-146, asking (1) whether the acquisition of a cell phone user’s location data from his…
Corporate Governance & Internal Investigations Advisor
Court to Rehear Whether Government May Compel Disclosure of Cell Phone Location Information Without a Warrant
During a cellphone call, the cellphone interacts with its mobile carrier, allowing the carrier to track that phone’s approximate location, also known as cell-site location information or “CSLI.” CSLI is…
Sentencing Law and Policy
Via lengthy summary reversal, SCOTUS grants qualified immunity to police officer involved in fatal shooting
Main November 9, 2015Via lengthy summary reversal, SCOTUS grants qualified immunity to police officer involved in fatal shootingThough not technically a sentencing issue, folks who closely follow all "hot" criminal…
Constitutional Law Prof Blog
D.C. Circuit Denies Bivens Remedy for Overseas Violations in Criminal Terrorism Investigation
Steven D. Schwinn, John Marshall Law SchoolThe D.C. Circuit on Friday ruled in a fractured opinion that a U.S. citizen secretly detained, transferred involuntarily between countries, and threatened with torture…
Education Law Prof Blog
Alabama Court Finds Police Officers’ Failure to Adequately Decontaminate Students from Pepper Spray Effects and Use of Spray on Nonviolent Students Unconstitutional
The Northern District of Alabama ruled yesterday that Birmingham police officers (acting as school resource officers) used excessive force when they pepper-sprayed students who were not posing a danger and when…
Nashville Criminal Law Report
Will Tennessee Adopt The Good Faith Exception ?
By Rob McKinney
Stacey Barchenger reported in today's Tennessean on the oral arguments held yesterday in State v. Reynolds. The issue raised by the Court of Criminal Appeals was whether Tennessee should adopt the…
PropertyProf Blog
Top SSRN Downloads
In honor of the beginning of the month, here are the most downloaded property articles on SSRN over the last 60 days:1. [184 downloads] Banks, Break-Ins, and Bad Actors in…
Corporate Governance & Internal Investigations Advisor
Courts Disagree on Whether Government May Obtain Cell Phone Location Information Without a Warrant
“[T]he government’s warrantless procurement of the CSLI [cell-site location information] was an unreasonable search in violation of Appellants’ Fourth Amendment Rights,” a divided panel of the federal appeals court in…