Statute
Fourth Amendment
736 published works
Civil Rights Law & Policy Blog
“Cops Need a Warrant to Grab Your Cell Tower Data, Florida Court Rules”
WIRED's Kim Zetter: The Florida Supreme Court ruled Thursday that obtaining cell phone location data to track a person’s location or movement in real time constitutes a Fourth Amendment search…
Constitutional Law Prof Blog
Court Tests Fourth Amendment Case
Steven D. Schwinn, John Marshall Law SchoolThe Supreme Court on Monday heard oral arguments in Heien, the case asking whether the Fourth Amendment permits an officer to make a car…
School Law
Federal Judge Rules that School Search of Student Cellphone was Improper
A federal district court has thrown out the search of a Virginia student’s cellphone by school administrators looking for evidence of illegal drugs. It was apparently the first time a…
Constitutional Law Prof Blog
Can An Officer Stop a Car Based on a Mistake of Law?
Steven D. Schwinn, John Marshall Law SchoolThe Supreme Court will consider that question on First Monday, when it hears oral arguments in Heien v. North Carolina. Here's my oral argument…
Sentencing Law and Policy
SCOTUS grants cert on lots of new cases, with only two on criminal procedure and one on prisoner suits
Main October 2, 2014SCOTUS grants cert on lots of new cases, with only two on criminal procedure and one on prisoner suitsThe Supreme Court this morning released this list of…
Civil Rights Law & Policy Blog
“Following the Script: Narratives of Suspicion in Terry Stops in Street Policing”
The title of this post comes from this recent paper by Professors Jeffrey Fagan and Amanda Geller. The abstract states: Regulation of Terry stops of pedestrians by police requires articulation…
Civil Rights Law & Policy Blog
“Two More Ways Not to Think About Privacy and the Fourth Amendment”
The title of this post comes from this essay by Professor David Alan Sklansky, the abstract of which states: This brief essay challenges two increasingly common ideas about privacy and…
Ohio Appellate Insights
What’s on Their Minds: Is a Single Trash Pull Enough for a Search Warrant? State of Ohio v. Lauren Jones
Update: On February 12, 2015, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. On September 9, 2014, the Supreme Court of…
Civil Rights Law & Policy Blog
“Two More Ways Not to Think About Privacy and the Fourth Amendment”
The title of this post comes from this recent essay by Professor David Alan Sklansky, the abstract of which states: This brief essay challenges two increasingly common ideas about privacy…
Ohio Appellate Insights
Oral Argument Preview. Is a Single Trash Pull Enough for a Search Warrant? State of Ohio v. Lauren Jones
Update: On February 12, 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.…