Statute
Fourth Amendment
736 published works
Sixth Circuit Appellate Blog
Sixth Circuit: Spraying Naked Pretrial Detainees In Front Of Bystanders May Violate 4th Amendment
A Sixth Circuit panel unanimously held last week in Williams v. City of Cleveland that pretrial detainees forced to “undress in the presence of other detainees and to have their naked…
Ohio Appellate Insights
Merit Decision. Court Again Applies Good-Faith Exception, This Time to Avoid Suppression of Evidence From Warrantless GPS Search. State v. Johnson
On November 13, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Johnson, 2014-Ohio-5021. In a unanimous opinion written by Justice Terrence O’Donnell, in which…
Supreme Court Update
Carroll v. Carman (14-212), Johnson v. City of Shelby (13-1318) and Order List
Greetings, Court fans! We're back with decisions two and three of OT14 (did you already forget about Lopez v. Smith?) as well as last week's news of cert petitions granted…
Civil Rights Law & Policy Blog
“Removing Malice from Federal ‘Malicious Prosecution’: What Cognitive Science Can Teach Lawyers About Reform”
The title of this post comes from this recent paper by Professor Sofia Yakren, the abstract of which states: 42 U.S.C. § 1983 (“§ 1983”) empowers individuals suffering civil rights…
Civil Rights Law & Policy Blog
Appeals court finds officers violated civil rights of “calm child” they cuffed for disobeying teacher
An en banc 9th Cir. recently ruled that two Sonora, Calif. PD officers used excessive force when they handcuffed an 11-year-old who hadn't followed his teacher's instructions during recess, reports Education…
EvidenceProf Blog
Leslie Shoebotham on Heien v. North Carolina & Police Mistakes of Law
By Colin Miller
Leslie A. Shoebotham, the Victor H. Schiro Distinguished Professor of Law at the Loyola University New Orleans College of Law, has a terrific blog post up at Hamilton and Griffin on Rights about Heien v.…
Civil Rights Law & Policy Blog
“The Strife of Riley: The Search-Incident Consequences of Making an Easy Case Simple”
The title of this post comes from this recent paper by Professor Leslie Shoebotham, the abstract of which states: In Riley v. California, the U.S. Supreme Court held that the Fourth Amendment requires…
The Right Coast
Dark Sites and the Bill of Rights
The Hernandezfamily appealed, and, this June, the U.S. Court of Appeals for the 5th Circuithanded down its decision in Hernandez v.United States.Building upon the Supreme Court's reasoning in Boumedienev. Bush,…
Appellate Advocacy Blog
Inspiration for Creating an Appellate Brief Problem
For those of you working on developing an appellate brief problem for this academic year, take a look at City of Los Angeles v. Patel. The U.S. Supreme Court just…
Sentencing Law and Policy
SCOTUS order list gets week off to exciting start for criminal justice fans
Main October 20, 2014SCOTUS order list gets week off to exciting start for criminal justice fansAs reported here and here at SCOTUSblog and here at How Appealing and here at…