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Statute

Fourth Amendment

736 published works

  1. Chicago Criminal Law Blog

    Conviction Overturned for Gun Owner

    By Darryl Goldberg

    Appeal Court Rules “Just Talking” Can Become a Seizure Under the Fourth Amendment In a recent ruling, the District of Columbia Court of Appeals found that a seemingly consensual and…

  2. North Carolina Criminal Law

    Case v. Montana Attempts to Clarify the Emergency Aid Exception to the Warrant Requirement

    By Jeff Welty

    When can law enforcement officers enter a person’s home, without a warrant, in order to provide emergency assistance? How sure must the officers be that assistance is needed before an…

  3. Simple Justice

    ICE Claims To Be Exempt From The Fourth Amendment

    By Scott Greenfield

    Not that there’s much of the Constitution that ICE seems either care about or recognize, but two whistleblowers have revealed that ICE has put into writing the position that its…

  4. Wait A Second!

    When can the police enter the house without a warrant?

    By secondcircuitcivilrightsblogsecondcircuitcivilrig

    The Fourth Amendment requires the police to get a warrant if they want to search your home or anyplace else within your control. But the Supreme Court has long interpreted…

  5. Kirakosian Law Blog

    What Does the 4th Amendment Protect? Understanding Your Constitutional Rights

    By Greg Kirakosian

    The Fourth Amendment is one of the most important protections Americans have against government overreach. It safeguards personal privacy, dignity, and freedom by limiting how and when law enforcement can…

  6. The Southern District of Florida Blog

    SCOTUS decides a 4th Amendment case

    By davidoscarmarkussdfla-blogspot-com

    It's been a while! The decision is Case v. Montana, which held: Brigham City’s objective reasonableness standard for warrantless home entries to render emergency aid applies without further gloss and…

  7. Municipal Minute

    Seventh Circuit Finds No Fourth Amendment Violation in Police Pursuit Case

    By Julie Tappendorf

    City police officers responded to a report of gunshots in Chicago’s Austin neighborhood. While investigating the report, the officers approached Juan Mendez on the front porch of his home. Mendez…

  8. Jotwell

    Warranted Doubts: An Empirical Study and Critique of Fourth Amendment Practice

    By Maximo Langer

    Miguel F.P. de Figueiredo, Brett Hashimoto & Dane Thorley, Unwarranted Warrants? An Empirical Analysis of Judicial Review in Search and Seizure, 138 Harv. L. Rev. 1959 (2025). Maximo Langer The…

  9. WisBar Court Review

    Court of Appeals: Smartphone Search Unconstitutionally Overbroad

    By Jay D. Jerde

    Nov. 25, 2025 – In what may be the first case of its kind, the Wisconsin Court of Appeals in State v. Melssen, No. 2024AP1942-CR (Nov. 20, 2025) (recommended for…

  10. Transportation Law: Moving Forward

    Big Data v. the Individual’s Right to Privacy on the Road

    By Ryan Flynn, Sarah Rippy

    "There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all." The late Supreme Court…