Statute
Fourth Amendment
736 published works
Sixth Circuit Appellate Blog
Sixth Circuit Demarcates Fourth Amendment’s Protection of Digital Data
Last week, the Sixth Circuit handed down a decision in closely-watched criminal case that potentially has significant ramifications for the Fourth Amendment’s protection of digital data from warrantless searches, and…
Supreme Court Update
Comptroller v. Wynne (13-485) and San Francisco v. Sheehan (13-1412)
Greetings, Court Fans! We're back with the two remaining decisions from Monday, Comptroller v. Wynne (13-485) and San Francisco v. Sheehan (13-1412), two split decisions featuring strange bedfellows. The Justices'…
Constitutional Law Prof Blog
DC Circuit Holds No Clearly Established Right Not To Be Tasered
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its opinion in Lash v. Lemke, the Court of Appeals for the District of Columbia Circuit affirmed the…
Data Privacy + Cybersecurity Insider
Warrantless Searches of Text Messages: Big Brother in 160 Character Installments
Contributed by Jeremy Rix, Warwick, Rhode Island, 3L Roger Williams University Law School The modern Fourth Amendment jurisprudence surrounding warrantless searches of text messaging is varied and evolving, including issues…
Supreme Court Update
Rodriguez v. United States (13-9972); United States v. Wong (13-1074 and 13-7075); Oneok, Inc. v. Learjet, Inc. (13-271); Armstrong v. Exceptional Child Center, Inc. (14-15) and Order List
Greetings, Court fans! First, congratulations to my co-author Tadhg on the birth of his child last week! Second, I want to thank both David Roth and Ivana Greco for their…
ImmigrationProf Blog
Timothy Dugdale on the Fifth Circuit’s Ruling in Hernandez v. United States
A couple of teenagers are playing a game in a culvert next to the U.S. border fence with Mexico. One of them is apprehended by a U.S. border guard; the…
Constitutional Law Prof Blog
Court Puts a Leash on Dog Sniffs
Steven D. Schwinn, John Marshall Law SchoolThe Supreme Court ruled today in Rodriguez v. United States that the Fourth Amendment prohibits a dog sniff that extends the duration of an…
Sentencing Law and Policy
By 6-3 vote, SCOTUS finds Fourth Amendment violation from stop at start of federal drug prosecution
Main April 21, 2015By 6-3 vote, SCOTUS finds Fourth Amendment violation from stop at start of federal drug prosecution The US Supreme Court handed down a notable Fourth Amendment ruling…
PropertyProf Blog
Sawers on the History of the Law of Trespass
Brian Sawers has posted Original Misunderstandings: The Implications of Misreading History in Jones (Georgia State Law Review) on SSRN. Here's the abstract:This article shines light on a little-noticed but important…
Constitutional Law Prof Blog
Groups Sue to Stop NSA’s Upstream Surveillance
Steven D. Schwinn, John Marshall Law SchoolThe ACLU filed suit this week on behalf of several media and human rights organizations challenging the NSA's "upstream surveillance" program. The plaintiffs argue…