Statute
Fourth Amendment
737 published works
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…
EvidenceProf Blog
“The Right to Remain Armed”
By jbellin
For those interested in the Second and Fourth Amendments, my latest article, The Right to Remain Armed, is now available for (free) download on SSRN at this link.Here is the abstract:The…
ImmigrationProf Blog
Immigration Article of the Day: Immigration Law’s Looming Fourth Amendment Problem by Michael Kagan
Immigration Law's Looming Fourth Amendment Problem by Michael Kagan, University of Nevada, Las Vegas, William S. Boyd School of Law 2015 Georgetown Law Journal, Vol. 104, ForthcomingAbstract: In 2014, a…
PropertyProf Blog
Henry on Privacy as Quasi-Property
Lauren Henry (Yale - Information Society Project) has posted Privacy as Quasi-Property (Iowa Law Review) on SSRN. Here's the abstract:Courts and commentators struggle to apply privacy law in a way…
Ohio Appellate Insights
In Sharper Focus: Finding Greater Protection under the Ohio Constitution for a Bad Traffic Stop. Justice Pfeifer’s Crusade.
This In Sharper Focus post is a supplement to the blog’s preview of the case of State of Ohio v. Terrance Brown, 2014-0104. In reversing the trial court’s denial of…
Ohio Appellate Insights
Oral Argument Preview: Exclusion of Evidence Under the U.S. or the Ohio Constitution Because of A Bad Traffic Stop? State of Ohio v. Terrence Brown.
Update: On June 23, 2015, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. Read the analysis of the oral argument here.…
Constitutional Law Prof Blog
Line Drawing and Dog Sniffing
Steven D. Schwinn, John Marshall Law SchoolThe Supreme Court heard oral arguments today in Rodriguez v. United States, the case testing whether an officer can prolong a traffic stop to conduct…
Constitutional Law Prof Blog
Can An officer Extend a Traffic Stop for a Canine Sniff?
Steven D. Schwinn, John Marshall Law SchoolThe Supreme Court will hear oral arguments tomorrow in Rodriguez v. United States, the case testing whether an officer can extend a traffic stop…
Ohio Appellate Insights
The Warrantless GPS Fallout From State v. Johnson
On November 13, 2014, the Supreme Court of Ohio handed down its decision in State v. Johnson, Slip Opinion No. 2014-Ohio-5021. In a unanimous opinion, the court held that the…
Constitutional Law Prof Blog
Court Says Officer Can Make Stop Based on Mistake of Law
Steven D. Schwinn, John Marshall Law SchoolThe Supreme Court ruled yesterday in Heien v. North Carolina that the Fourth Amendment does not prohibit an officer from making a stop based…