Statute
Fourth Amendment
736 published works
Civil Rights Law & Policy Blog
After breathalyzer and blood test, man suspected of drunk driving subjected to forced catheterization
In Indiana, 23-year-old William Clark alleges that local police violated his civil rights by subjecting him to forced catheterization after he failed to provide a urine sample on his own.…
Drug and Alcohol Testing Law Advisor
Public Employer Could Not Subject Applicant to Pre-Employment Drug Test, Court Holds
A federal court in Florida has held that the City of Key West’s policy of drug testing all applicants for employment was applied to an applicant in an unconstitutional manner. …
White Collar Briefly
SCOTUS Hears Arguments in Warrantless Cell Phone Search Cases
By Perkins Coie
The U.S. Supreme Court is set to decide the circumstances in which police may constitutionally search an arrestee's cell phone without a warrant. On April 29, 2014, the Court heard…
Cyberblog
Smith v. Maryland: A good first-order estimate of changing expectations of privacy
Yesterday, I promised a post that would make the positive case for the third-party doctrine and Smith v. Maryland. The case against it seems pretty obvious. Privacy advocates are glad…
Sentencing Law and Policy
SCOTUS summarily reverses grant of summary judgment to police in excessive force suit
Main May 5, 2014SCOTUS summarily reverses grant of summary judgment to police in excessive force suitThe Supreme Court this morning issued a summary reversal in an intriguing little case from…
Education Law Prof Blog
School Surveillance and the Fourth Amendment
By Derek Black
Jason Nance's new article, School Surveillance and the Fourth Amendment, 2014 Wis. L. Rev. 79, is now available on westlaw. The abstract states:In the aftermath of several highly publicized incidents of…
Civil Rights Law & Policy Blog
“School Surveillance and the Fourth Amendment”
The title of this post comes from this recent paper by Professor Jason Nance, the abstract of which states: In the aftermath of several highly-publicized incidents of school violence, public…
The Faculty Lounge
Call For Papers: The Intersection Of Breaking Bad And The Law
Here's an interesting call for papers: The editorial board of the New Mexico Law Review (“NMLR”) is soliciting articles for a special issue dedicated to the exploration of legal issues…
Other
DOJ Comes Out Against Consumer-Friendly Against Cell Phone Kill Switches in SCOTUS Brief
In a Supreme Court brief, the Department of Justice sets itself at odds with state legislators and cell phone users for its stance on warrantless cell phone searches. [caption id="attachment_490620"…
Idaho Criminal Defense Blog
Supremes Say Your Truck Can Be Stopped On An Anonymous Report
Once again we see that our right to be free from unreasonable search and seizure finds too few friends in the United States Supreme Court. The issue in Navarette v.…