Statute

Fourth Amendment

736 published works

Ohio Appellate Insights October 20, 2011
What’s On Their Minds? Must the Police Have a Warrant to Place a GPS Tracking Device Under a Car? State v Johnson
By Marianna Bettman
10/25/12 According to attorney Bill Gallagher, the trial judge again denied the motion to suppress in this case, and he plans to appeal again. 10/12/12. Further Update: According to a story…
Sentencing Law and Policy October 12, 2011
Dangerousness and dignity dicta could make SCOTUS work inFlorenceof sentencing interest
By Douglas Berman
Main October 12, 2011Dangerousness and dignity dicta could make SCOTUS work in Florence of sentencing interestI have not been following the jail strip-search case before the Supreme Court too closely,…
Ohio Appellate Insights October 11, 2011
Oral Argument Preview: 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.
By Marianna Bettman
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 will hear oral arguments…
EvidenceProf Blog October 11, 2011
The New SCOTUSblog “Community” Feature & Florence v. Board of Chosen Freeholders of Burlington County, et al.
By Colin Miller
SCOTUSblog recently launched a cool new online "community" feature where folks can join up and discuss key issues having to do with the Supreme Court (http://www.scotusblog.com/community). Today's discussion centered around the…
Sentencing Law and Policy October 3, 2011
SCOTUS back to work, with lots of crime (but not much punishment) on the docket
By Douglas Berman
Main October 3, 2011SCOTUS back to work, with lots of crime (but not much punishment) on the docketThe buzz about the Supreme Court's new Term, which officially kicks off this…
Sui Generis--a New York law blog August 31, 2011
Can Police Obtain Cell Phone Location Data Without a Warrant?
By Niki Black
Can Police Obtain Cell Phone Location Data Without a Warrant? August 31, 2011 This week's Daily Record column is entitled "Can Police Obtain Cell Phone Location Data Without a Warrant?"…
Constitutional Law Prof Blog August 30, 2011
First Circuit: Police Officers Lack Qualified Immunity in Cell Phone Recording Arrest
By ConLawProf initials at end of post
The First Circuit has denied qualified immunity to several police officers who arrested a bystander for recording their arrest of a third person in its opinion in Glik v. Cunniffe. Simon Glik…
Constitutional Law Prof Blog July 15, 2011
Court Upholds TSA’s Use of Body Scanners
By ConLawProf initials at end of post
A three-judge panel of the D.C. Circuit today rejected arguments in Electronic Privacy Information Center v. U.S. DHS that the Transportation Security Administration's use of advanced imaging technology (instead of magnetometers)…
EvidenceProf Blog June 9, 2011
Article Of Interest: Thomas Crocker’s The Political Fourth Amendment
By Colin Miller
I have written five previous posts (here, here, here, here, and here) about court opinions and articles addressing the issue of whether police should be required to obtain a search warrant before attaching a GPS device…
Constitutional Law Prof Blog May 26, 2011
Civil Rights Appeals: The Court’s Opinion in Camreta v. Greene
By ConLawProf initials at end of post
The Supreme Court ruled on Thursday in Camreta v. Greene that a prevailing official in a federal civil rights action can appeal the constitutional ruling of the lower court, but…