Statute
Fourth Amendment
736 published works
Chicago Criminal Law Blog
Conviction Overturned for Gun Owner
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…
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…
Simple Justice
ICE Claims To Be Exempt From The Fourth Amendment
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…
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…
Kirakosian Law Blog
What Does the 4th Amendment Protect? Understanding Your Constitutional Rights
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…
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…
Municipal Minute
Seventh Circuit Finds No Fourth Amendment Violation in Police Pursuit Case
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…
Jotwell
Warranted Doubts: An Empirical Study and Critique of Fourth Amendment Practice
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…
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…
Transportation Law: Moving Forward
Big Data v. the Individual’s Right to Privacy on the Road
"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…