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Fourth Amendment
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Appellate Advocacy Blog
Searching Questions
Robert Zach was arrested one evening during a marijuana deal. Mr. Zach was in the process of selling a one-ounce bag of marijuana when two police officers interrupted the transaction,…
Sentencing Law and Policy
“The Third Amendment, Privacy and Mass Surveillance”
Main December 9, 2013"The Third Amendment, Privacy and Mass Surveillance"I try to avoid too much blogging in this space about police practices and related pre-conviction criminal justice issues. Nevertheless, I…
Civil Rights Law & Policy Blog
CRL&P Daily Reads: Dec. 9, 2013
Senate likely to extend ban on plastic guns, but nexus of gun-control debate has shifted to the states; and, four of five members of the city council in rural Rhode…
Sentencing Law and Policy
What sentencing issuesshouldSCOTUS be taking up to fill out its docket?
Main December 2, 2013What sentencing issues should SCOTUS be taking up to fill out its docket?I have noted (and been disappointed by) the relative paucity of major sentencing cases on…
Civil Rights Law & Policy Blog
The Third Amendment, Privacy and Mass Surveillance
The title of this post comes from this article arguing that the Third Amendment could serve to protect individual privacy interests against instrusion by 'cybersoldiers' serving the country's national security…
Civil Rights Law & Policy Blog
CRL&P Daily Reads: Nov. 14, 2013
Northern Illinois University student has been arrested after police discovered an AR-15 rifle and a handgun in his dorm room; federal agents claim gun made by a 3-D printer could…
Civil Rights Law & Policy Blog
Cyber-Surveillance Without Restraint? The Meaning and Social Value of the Probable Cause and Reasonable Suspicion Standards in Governmental Access to Third Party Electronic Records
The title of this post comes from this recent article arguing that the Fourth Amendment's probable cause and reasonable suspicion standards provide adequate protection against impermissible searches of third-party electronic…
The Faculty Lounge
I’m No Fourth Amendment Expert, But…
UPDATE 11/7/13, 1:50 pm: Thanks to MacK for providing a link to Eckert's motion for partial summary judgment in the comments below. That motion cites much of the search warrant…
Sentencing Law and Policy
Second Circuit panel halts NYC stop-and-frisk remedies and removes district judge from case
Main November 1, 2013Second Circuit panel halts NYC stop-and-frisk remedies and removes district judge from case As reported via this New York Law Journal article, headlined "Circuit Rebuffs Scheindlin on…
Civil Rights Law & Policy Blog
How long is too long for a traffic stop?
Wait A Second! today reminds us that traffic stops can violate the Fourth Amendment's reasonableness requirement. In this post, the blog highlights the recent Second U.S. Circuit Court of Appeals…