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Statute

Fourth Amendment

736 published works

  1. Ohio Appellate Insights

    Merit Decision: Court Nixes Warrantless Pre-Impoundment Inventory Search of Legally Parked Car Despite Arrest of Occupant. State v. Leak

    By Marianna Bettman

    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…

  2. ImmigrationProf Blog

    Supreme Court Invited SG to Brief Issues Raised in Cert Petition by Border Enforcement Abuse Case

    By immigrationprof

    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)…

  3. Data Privacy + Cybersecurity Insider

    Supreme Court denies cert in case involving cell location privacy rights

    By Kathryn Rattigan

    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…

  4. Corporate Governance & Internal Investigations Advisor

    Court to Rehear Whether Government May Compel Disclosure of Cell Phone Location Information Without a Warrant

    By Jackson Lewis P.C.

    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…

  5. Sentencing Law and Policy

    Via lengthy summary reversal, SCOTUS grants qualified immunity to police officer involved in fatal shooting

    By Douglas Berman

    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…

  6. Constitutional Law Prof Blog

    D.C. Circuit Denies Bivens Remedy for Overseas Violations in Criminal Terrorism Investigation

    By Steven D. Schwinn

    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…

  7. 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

    By LaJuana Davis

    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…

  8. 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…

  9. PropertyProf Blog

    Top SSRN Downloads

    By Steve Clowney

    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…

  10. Corporate Governance & Internal Investigations Advisor

    Courts Disagree on Whether Government May Obtain Cell Phone Location Information Without a Warrant

    By Jackson Lewis P.C.

    “[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…