Statute
Fourth Amendment
736 published works
Media Law Prof Blog
Surveillance and Search In Public Spaces
Marc Jonathan Blitz, Oklahoma City University School of Law, has published The Fourth Amendment Future of Public Surveillance: Remote Recording and Other Searches in Public Space at 63 AM. U.L. REV.…
Civil Rights Law & Policy Blog
Debate: The Constitutionality of Stop-and-Frisk in New York City
Professors David Rudovsky and Lawrence Rosenthal at the University of Pennsylvania Law Review Online. Here's the abstract: Stop-and-frisk, a crime prevention tactic that allows a police officer to stop a…
Drug and Alcohol Testing Law Advisor
City Employee Properly Alleged Fourth Amendment Violation For Unreasonable Search And Seizure
Considering when a drug test by a public employer may constitute an “unreasonable” search for Fourth Amendment purposes, a U.S. District Court in Florida also has shed light on private…
Civil Rights Law & Policy Blog
Judge strikes down Florida’s drug testing requirement for welfare recipients
The New York Times reports that a federal judge has ruled unconstitutional Florida's law requiring recipients of welfare benefits to submit to mandatory drug testing. “The court finds there is…
Civil Rights Law & Policy Blog
CRL&P Daily Reads: Dec. 30, 2013
The Week explores how the NSA gets access to your iPhone; Guardian's Trevor Timm says President Obama and others are not being truthful when they claim that the NSA's surveillance program…
Constitutional Law Prof Blog
Reconsidering the “Pen Register”: Smith v. Maryland and the Constitutionality of NSA Surveillance
As we discussed earlier this month, two federal district judges have reached opposite conclusions regarding the constitutionality of NSA surveillance as revealed by Edward Snowden. In Klayman v. Obama, Judge…
Civil Rights Law & Policy Blog
CRL&P Daily Reads: Dec. 28, 2013
Western Dems weren't happy with yesterday's NSA ruling; SCOTUSblog breaks it down; and, split rulings on NSA's surveillance program come from judges aligned (unsurprisingly?) with opposing parties. NYPD's increased diversity coincides with declining…
inversecondemnation.com
En Banc 9th Cir: LA Ordinance Allowing Inspection Of Hotel Records Facially Invalid
Check this out. In Patel v. City of Los Angeles, No. 08-56567 (Dec. 24, 2013), the en banc Ninth Circuit concluded that a city ordinance which requires hotel owners to…
Civil Rights Law & Policy Blog
CRL&P Daily Reads: Dec. 17, 2013
Federal judge says NSA's surveillance program violates the Fourth Amendment, but that will not be the end of it; several Senators feeling vindicated after the ruling; Politico explains the political…
Constitutional Law Prof Blog
Federal District Judge Grants Preliminary Injunction Against NSA Surveillance of Telephone Metadata
In his opinion in Klayman v. Obama, federal district judge (DDC) Richard Leon has granted a preliminary injunction against NSA surveillance of telephone metadata. Judge Leon stayed the injunction "in…