Statute
Fourth Amendment
736 published works
Education Law Prof Blog
Nashville Schools Ordered to Cease Searches and Examinations by Nurses Until Proper Training and Policy in Place
By Derek Black
A school nurse in the Davidson County public schools in Nashville, Tennessee, subjected a female student to a medically unjustified genital examination in the presence of a school official. The…
Education Law Prof Blog
Supreme Decision Probably Makes Student Cell Phone Searches Off Limits in the Average Student Discipline Case by Jason Nance
By Derek Black
The United States Supreme Court recently issued a watershed decision that limited the reach of police officers to conduct searches under the Fourth Amendment. In Riley v. California, the Court…
Workplace Privacy, Data Management & Security Report
Supreme Court Decision in Riley Affects Cellphone Searches in Civil Litigation, Employment Matters
When the United States Supreme Court handed down its decision Riley v. California, a Fourth Amendment criminal case, we suspected it would not be long before the rationale in that case concerning…
Civil Rights Law & Policy Blog
‘The Hitchhiker’s Guide to the Fourth Amendment: The Plight of Unreasonably Seized Passengers Under the Heightened Factual Nexus Approach to Exclusion’
The title of this post comes from this recent paper by Professor Nadia B. Soree, the abstract of which states: Over thirty years ago, the Supreme Court, in Rakas v.…
Proskauer on Privacy
Landmark Supreme Court Ruling Protects Cell Phones from Warrantless Searches
On June 25, 2014, the Supreme Court unanimously ruled that police must first obtain a warrant before searching the cell phones of arrested individuals, except in “exigent circumstances.” Chief Justice…
ImmigrationProf Blog
THE U.S./MEXICO BORDER – A CONSTITUTION-FREE ZONE By David Bacon
THE U.S./MEXICO BORDER - A CONSTITUTION-FREE ZONE by David Bacon - ACLU Magazine, June 2014Under the Fourth Amendment, the people of the United States are not supposed to be subject…
White Collar Crime Prof Blog
The Importance of the Fourth Amendment
By Ellen Podgor
This past Wednesday's Supreme Court decision in Riley v. California stressed the importance of law enforcement needing to obtain a warrant if they sought to search digital information contained on a cell phone…
Idaho Criminal Defense Blog
Cops Can’t Search Cell Phone Without Warrant
Will Young is an associate attorney with Peterson Lawyers. He writes today's post: The Supreme Court unanimously ruled yesterday that the…
Appellate Advocacy Blog
Supreme Court Cellphone Case: The Questions Presented in Riley
The briefs in this week’s landmark Riley v. California cellphone search decision showcase the choices lawyers must make when framing the issues. They also demonstrate how injecting some factual context…
The Right Coast
The Supreme Court Brings the Fourth Amendment Into the 21st Century – Popular Mechanics
In Wednesday's decision in Riley v. California, the Supreme Court has unanimously decided that the right of people to be secure in their persons, papers, and effects that is protected…