Statute
Fourth Amendment
736 published works
Supreme Court Update
Florida v. Jardines (11-564) and Kirtsaeng v. John Wiley & Sons, Inc. (11-697)
By Kim Rinehart
We're back with the first game of a triple-header. In this round, we'll bring you Florida v. Jardines (11-564), considering whether a police dog's hunt for the scent of drugs…
Sentencing Law and Policy
Notable coalitions in 5-4 SCOTUS ruling on front-door drug sniffs as searches
Main March 26, 2013Notable coalitions in 5-4 SCOTUS ruling on front-door drug sniffs as searches Though not concerning matters at the heart of sentencing law and policy, today's lone Supreme…
Land Use Prof Blog
Sawers on History, Fourth Amendment Searches, and the Right to Exclude
Brian Sawers (Maryland) has posted Keeping Up with the Joneses: Making Sure Your History Is Just as Wrong as Everyone Else's, forthcoming in Michigan Law Review First Impressions, Vol. 111, p.…
Internet, IT & e-Discovery
New York Police Can Use GPS Devices
By Peter Vogel
A New York State Judge recently ruled that a cell phone user has no reasonable expectation of privacy and the 4th Amendment right of privacy was not violated by the…
Constitutional Law Prof Blog
Eleventh Circuit Affirms Preliminary Injunction Against Florida’s Mandatory Drug Testing of Welfare Recipients
By ConLawProf initials at end of post
In its unanimous panel opinion today in Lebron v. Sec't Florida Dep't of Children & Families, the Eleventh Circuit affirmed a district judge's grant of a preliminary injunction against Florida Statute…
Sentencing Law and Policy
Another big SCOTUS criminal justice day on tap
Main February 26, 2013Another big SCOTUS criminal justice day on tap As reported in this prior post, yesterday proved a notable SCOTUS day for fans of intricate federal criminal procedure…
PropertyProf Blog
Sawers on the History of Trespass
By propertyprof
Brian Sawers (Maryland - VAP) has posted Keeping Up with the Joneses: Making Sure Your History Is Just as Wrong as Everyone Else's (Michigan Law Review First Impressions) on SSRN. …
Constitutional Law Prof Blog
Detention Incident to Search Warrant Doesn’t Stretch a Mile
By ConLawProf initials at end of post
The Supreme Court ruled today in Bailey v. United States that officers can't detain a suspect incident to the execution of a search warrant a mile away from the property…
Sentencing Law and Policy
“Ending the Zero-Sum Game: How to Increase the Productivity of the Fourth Amendment”
Main December 31, 2012"Ending the Zero-Sum Game: How to Increase the Productivity of the Fourth Amendment" I usually do not post "front-end" criminal procedure articles, but I am especially to…
Ohio Appellate Insights
Merit Decision. “The Fourth Amendment Does Not Countenance Post Hoc Rationalization.” An Outstanding Arrest Warrant Doesn’t “Cleanse” An Earlier Bad Detention. State v. Gardner.
Update: Read what happened to this case on remand here. On December 6, 2012, the Supreme Court of Ohio handed down a merit decision in State v. Gardner, 2012-Ohio-5683. This…