Statute
Fourth Amendment
736 published works
Ohio Appellate Insights
Merit Decision on the Exclusionary Rule. State v. Gould.
The Supreme Court of Ohio has handed down a merit decision in State v. Gould, 2012-Ohio-71. The issue is whether a warrantless search of abandoned property is permissible under the…
The Contractor's Perspective
OFCCP document requests as an unreasonable search and seizure
Just one month after its decision in United Space Alliance, the District Court for the District of Columbia has again addressed the question of limits on OFCCP’s audit rights. In…
ImmigrationProf Blog
U.S. DOJ’s Investigation of the Maricopa County Sheriffs Office: A Textbook Pattern and Practice of Civil Rights Violations of Latinos and Immigrants
The long-awaited report on the Department of Justice's investigation of Maricopa County Sheriff Joe Arpaio's office, featured often on ImmigrationProf, is finally complete. Read it for yourself. The facts -- and rampant…
De Novo
Fourth Circuit Shifts to the Left? To the Left, to the Left?
By Jay O'Keeffe
A piece in the Baltimore Sun last week makes the case that the traditionally conservative Fourth Circuit is becoming increasingly progressive. The primary support for the argument appears to be: Results in…
Ohio Appellate Insights
The U.S. and Ohio Supreme Courts Both Tackle the Constitutionality of the Warrantless Placement of a GPS on a Car.
Update: The U.S. Supreme Court issued a decision in U.S. v. Jones on January 23. Read the analysis of that decision here. Both the Ohio Supreme Court and the U.S. Supreme…
Inside Privacy
Federal Court Finds Warrant Required to Obtain Cell-Phone Locations
Government officials must seek a warrant to compel the disclosure of cell phone location data, a federal district court ruled, holding that a federal law allowing the government to obtain…
Ohio Appellate Insights
What’s On Their Minds: Are Cellphone Records Admissible at Trial as Business Records? State v. Hood
Update: On December 3, 2012, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. On November 2, the Supreme Court of Ohio…
inversecondemnation.com
Cal App: City May Enter Rental Property To Make Inspections
The City of Hayward, California, was concerned that residential rentals within its borders were "decent, safe, and sanitary," and by ordinance required the owners or tenants of such units to…
Constitutional Law Prof Blog
Florida’s Mandatory Drug-Testing for “Welfare Recipients” Enjoined by Federal Judge
By ConLawProf initials at end of post
In an Order today, Federal District Judge Mary Scriven issued a preliminary injunction against the enforcement of Florida Statute §414.0652, a law championed by controversial governor Rick Scott requiring drug testing…
Ohio Appellate Insights
What’s On Their Minds? If the Police Believe an Occupant of a Car Needs Emergency Assistance Based on a Tip to the Dispatcher, is a Warrantless Stop Permissible? State v. Dunn
Update: The merit decision in this case was handed down March 15, 2012. Read the analysis of the decision here. On October 19 the Supreme Court of Ohio heard oral argument in…