Statute
Fourth Amendment
736 published works
Virgin Islands Law Blog
Immigration Sting Brings Claims of Civil Rights Violations
By Tom Bolt
The Plaintiffs, three taxi drivers, appealed the dismissal of their Amended Complaint alleging that Special Agents of the Bureau of Immigration and Customs Enforcement (“ICE”) McDonald, Riley, and Chow ("ICE…
Civil Rights Law & Policy Blog
CRL&P Daily Reads: Feb. 4, 2014
Chemerinsky says upcoming cases could force SCOTUS to confront question as to Fourth Amendment's protection for 'informational privacy'; and, sending text message forfeits sender's expectation of privacy as to its…
SDNY Blog
Judge Forrest Rejects Fourth Amendment Challenge to Taxi GPS Collection
In an opinion yesterday, Judge Forrest rejected a Fourth Amendment challenge to the “T-PEP” system, which allows the City to collect GPS data on cab drivers: As the Second Circuit…
Privacy and Cybersecurity
Supreme Court May Soon Set Fourth Amendment Precedent for Mobile Technology
A case before the U.S. Supreme Court examining warrantless cell phone searches will unify the myriad of previous rulings and may rein in the future on mobile rights. [caption id="attachment_490620"…
Civil Rights Law & Policy Blog
Excessive force claims under Fourth Amendment less protective when police use tasers?
In Shocking the Conscience: What Police Tasers and Weapon Technology Reveal about Excessive Force Law, Aaron Sussman argues that excessive force jurisprudence under the Fourth Amendment has tended towards providing less protection for…
Civil Rights Law & Policy Blog
Don’t Daze, Phase, or Lase Me, Bro! Fourth Amendment Excessive-Force Claims, Future Nonlethal Weapons, and Why Requiring an Injury Cannot Withstand a Constitutional or Practical Challenge
The title of this post comes from this paper by Professor Douglas McKechnie discussing excessive force under the Fourth Amendment. Here's the abstract: This article suggests that requiring an injury in a Fourth…
Data Law Insights
Supreme Court to Decide Whether Privacy Interests and Fourth Amendment Protections Apply to Warrantless Smart Phone / Cell Phone Searches Incident to Arrest
By 1560210056-httpswww.crowelldatalaw.com
Last Friday, the Supreme Court agreed to weigh in on whether law enforcement officers need a warrant to search the contents of a smart/cell phone seized during a lawful arrest…
Sentencing Law and Policy
SCOTUS grants cert on pair of cell-phone search cases
Main January 18, 2014SCOTUS grants cert on pair of cell-phone search casesAs reported in this SCOTUSblog entry, "the Supreme Court agreed on Friday afternoon to rule on police authority to…
Education Law Prof Blog
Florida Courts Find that School Searches of Backpacks for Guns Do Not Violate the Fourth Amendment
Photo courtesy of PBS.orgFlorida’s appellate courts recently upheld two school search cases finding that backpack searches for guns were reasonable. In R.M. v. State, a 6th grade student described an…
School Law
Anonymous Tip Sufficient for Student Search by Police
The Florida appellate court recently backed the right of the police to conduct a search of student and his book bag based on an anonymous tip that the student was…