Statute
Fourth Amendment
736 published works
Privacy and Cybersecurity
Court Rules that Police Use of Wi-Fi Tracking Software is Not a Fourth Amendment Search
Earlier this month, a federal judge held that the Fourth Amendment does not prevent the police from using tracking software to determine the location of a person who is tapping…
Sentencing Law and Policy
SCOTUS grants cert on post-Bookerex post facto issue and DNA collection from arrestees
Main November 9, 2012SCOTUS grants cert on post-Booker ex post facto issue and DNA collection from arresteesAs reported in this SCOTUSblog post, the Supreme Court granted cert in four cases…
Sentencing Law and Policy
Seeking input and insights concerning recent SCOTUS criminal procedure arguments
Main November 1, 2012Seeking input and insights concerning recent SCOTUS criminal procedure arguments As detailed in this SCOTUSblog round-up post, yesterday and today has had notable criminal justice action in…
Sentencing Law and Policy
Sandy requires SCOTUS to rework schedule for hearing two criminal cases
Main October 29, 2012Sandy requires SCOTUS to rework schedule for hearing two criminal cases As reported here, the "Supreme Court of the United States will not convene on Tuesday, October…
inversecondemnation.com
More On The Ninth Circuit’s Ruling That Homeless Have Property Rights, Too
Here's a follow up to our earlier brief post about the opinion in Lavan v. City of Los Angeles, No.11-56253 (Sep. 5, 2012), in which a 2-1 Ninth Circuit panel…
Sentencing Law and Policy
Not much for sentencing fans (or Rubashkin supporters) in latest SCOTUS cert grants
Main September 25, 2012Not much for sentencing fans (or Rubashkin supporters) in latest SCOTUS cert grantsAs reported here by SCOTUSblog, the "Supreme Court, preparing to open a new Term next…
Sentencing Law and Policy
Of sentencing interest among SCOTUSblog’s “Petitions to Watch”
Main September 24, 2012Of sentencing interest among SCOTUSblog's "Petitions to Watch"Today the Supreme Court justices return from summer vacations and get back to work with the (famous?) long Conference during…
inversecondemnation.com
9th Circuit Recognizes Property Rights
It's the right of homeless folks in L.A.'s "Skid Row" area to not have their personal belongings seized if they leave them unattended for a while, but we will take…
Internet, IT & e-Discovery
Twitter Challenges Court Orders
By Peter Vogel
In a case of first impression, Twitter is challenging a New York Criminal Court’s order to produce information through a subpoena, without first obtaining a warrant, asserting a violation of…
Sixth Circuit Appellate Blog
Sixth Circuit Finds No Reasonable Expectation of Privacy in Data Emanating from Cell Phone
In an interesting criminal case, United States v. Skinner (09-6497), the Sixth Circuit rejected a Fourth Amendment challenge by a convicted drug runner based on the government’s tracking of location data from his…