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Statute

Fourth Amendment

736 published works

  1. Sentencing Law and Policy

    “Why the Court Was Right to Allow Cheek Swabs”

    By Douglas Berman

    Main June 4, 2013"Why the Court Was Right to Allow Cheek Swabs" The title of this post is the headline of this notable commentary by Akhil Reed Amar and Neal…

  2. Sentencing Law and Policy

    Via somewhat unusual 5-4 split, SCOTUS finds reasonable DNA acquisition from arrestee inMaryland v. King

    By Douglas Berman

    Main June 3, 2013Via somewhat unusual 5-4 split, SCOTUS finds reasonable DNA acquisition from arrestee in Maryland v. King The only big SCOTUS ruling in the criminal justice arena today…

  3. Constitutional Law Prof Blog

    Eleventh Circuit on Florida’s Mandatory Drug Testing of Public Employees

    By ConLawProf initials at end of post

    An Eleventh Circuit panel has rendered its opinion in AFCME v. Scott regarding the Executive Order of controversial Florida Governor Rick Scott requiring drug testing of all prospective state employees…

  4. Constitutional Law Prof Blog

    District Judge Finds Sheriff Joe Arpaio’s Office Engaged in Unconstitutional Racial Profiling

    By ConLawProf initials at end of post

    In a 142 page opinion and order in Melendres v. Arpaio, United States District Judge G. Murray Snow found that the Maricopa County Sheriff's Office [MCSO] led by Sheriff Arpaio…

  5. Education Law Prof Blog

    Limits on Student Searches: New Trend or Exceptions to the General Rule

    By Derek Black

    On Friday, the Nebraska Supreme Court in J.P. v. Millard Public Schools struck down a school's search of a student's car, which had turned up drug paraphernalia.  Because the car…

  6. Privacy and Cybersecurity

    AP Spying: An Unprecedented Invasion of the Fourth Estate

    By Inside Privacy

    In dim Mexican restaurants, behind abandoned schools, and on nameless suburban street corners, I met some of the bravest people that I have ever known. And I can't tell you…

  7. ImmigrationProf Blog

    Immigration Article of the Day: Revisiting INS v. Lopez-Mendoza: Why the Fourth Amendment Exclusionary Rule Should Apply in Deportation Proceedings by Elizabeth Rossi

    By immigrationprof

    Revisiting INS v. Lopez-Mendoza: Why the Fourth Amendment Exclusionary Rule Should Apply in Deportation Proceedingsby Elizabeth Rossi U.S. District CourtApril 18, 2013Columbia Human Rights Law Review, Vol. 44, 2013 Abstract:…

  8. Media Law Prof Blog

    Florida High Court Rules That Police May Not Search Photos On Arrestee’s Cell Phone Incident To Valid Arrest Without Reasonable Belief That Phone Contains Evidence of Crime

    By Media Law Prof Blog

    The Florida Supreme Court has ruled that a police officer may not search the photographs on an arrestee's cell phone at the time of a valid arrest without a reasonable…

  9. Sentencing Law and Policy

    Intriguing final (sentencing) chapter in landmark SCOTUS Fourth Amendment case

    By Douglas Berman

    Main May 1, 2013Intriguing final (sentencing) chapter in landmark SCOTUS Fourth Amendment case Via this post at The BLT, which is titled "Man in Landmark Supreme Court GPS Case Pleads…

  10. Sentencing Law and Policy

    In divided ruling, SCOTUS embraces (fuzzy?) standard rather thanper serules for DUIs and blood tests

    By Douglas Berman

    Main April 17, 2013In divided ruling, SCOTUS embraces (fuzzy?) standard rather than per se rules for DUIs and blood tests The Supreme Court this morning handed down a notable, and…