Statute
Fourth Amendment
736 published works
ImmigrationProf Blog
Federal Court Findings and Repudiation of Unconstitutional “Stop-and-Frisk” Practice Underscores Extent of Racial Profiling in America’s Criminal Justice System
In a nearly 200-page opinion and order, U.S. District Court Judge Shira A. Scheindlin in the Southern District of New York ruled today in the closely-followed, class action case of…
SDNY Blog
Judge Scheindlin Rules “Stop-and-Frisk” Unconstitutional
In ruling this morning, Judge Scheindlin ruled unconstitutional under the Fourth and Fourteenth Amendments the New York Police Department's "stop-and-frisk" policing method. As we have reported on in the past,…
Sentencing Law and Policy
“NYC stop-and-frisk policy violates constitutional rights, federal judge rules”
Main August 12, 2013"NYC stop-and-frisk policy violates constitutional rights, federal judge rules" The title of this post is the headline of this CBS News report on a notable ruling this…
Constitutional Law Prof Blog
Federal District Judge Shira Scheindlin Finds NYCPD’s Stop and Frisk Policies Violate Equal Protection
By ConLawProf initials at end of post
In a 198 page opinion today, accompanied by a 39 page order and opinion as to remedies, United States District Judge Shira Scheindlin has found the New York City Police…
Education Law Prof Blog
No Qualified Immunity for Principal who Conducted Suspicionless Strip Search of Student
In Doe v. Champaign Community Unit 4 School Dist., No. 11–CV–3355, 2013 WL3712350 (Jul. 12, 2013), a student has sued under §§ 1983 and 1981 allegingthat his Fourth Amendment rights…
Education Law Prof Blog
Walker v. Maryland: No Subjective Expectation of Privacy in Teacher Aide’s Desk
While this case is grounded in criminal law and procedure, theschool setting here was critical in the investigation of the crime and sentence.In Walker v. Maryland, Maryland'shighest court ruled that…
PrawfsBlawg
Surveillance, chilling, and the First and Fourth amendments
Main Monday, July 15, 2013Surveillance, chilling, and the First and Fourth amendmentsIn an earlier post I quoted Justice Sotomayor’s statement (concurring in United States v. Jones) that “[a]wareness that the…
Sentencing Law and Policy
“Juries and the Criminal Constitution”
Main June 23, 2013"Juries and the Criminal Constitution" The title of this post is the title of this new paper by Meghan Ryan now on SSRN. Here is the abstract:…
EvidenceProf Blog
My New Article: OK Computer: The Fourth Amendment and Searches of Seized and Imaged Electronic Evidence
By Colin Miller
Today, I posted the first draft of a short article that I am writing for South Carolina Lawyer magazine on SSRN. The article is OK Computer: The Fourth Amendment and Searches of Seized…
White Collar Crime Prof Blog
“‘We the people’ are the boiling frog, and the water has started to boil.”
By Ellen Podgor
by: Solomon L. WisenbergThe wonderful John Wesley Hall concisely explains, at Welcome to the Fourth Amendment.com, the decades-long erosion of our Fourth Amednment rights, at the hands of the Supreme Court…