Statute
Fourth Amendment
736 published works
The Faculty Lounge
Michigan Annual Book Review Issue, April 2011
I see in the actual faculty lounge here in Chapel Hill that the new Michigan Law Review book review issue is out. This one runs to 312 pages and it…
Constitutional Law Prof Blog
Footnote of the Day: The Opera Skirmish and a Taxonomy
By ConLawProf initials at end of post
In her dissenting opinion in Minnesota v. Carter, 525 U.S. 83 (1998), deciding the extent of the Fourth Amendment protection to guests in the home, Justice Ginsburg includes the following…
Constitutional Law Prof Blog
Strip Searches Don’t Violate Clearly Established Rights, D.C. Circuit Rules
By ConLawProf initials at end of post
A sharply split panel of the D.C. Circuit ruled on Friday that strip searches of persons arrested for non-violent, non-drug-related misdemeanors did not violate clearly established Fourth Amendment rights in 2002, even absent…
Idaho Criminal Defense Blog
When Have I Been “Seized?”
Did you know that a person can be seized? Of course you knew that - you've undoubtedly heard of "arrest." But what about that seizure that is somewhere between arrest…
Constitutional Law Prof Blog
This Week: Criminal Procedure Oral Arguments at United States Supreme Court
By ConLawProf initials at end of post
The United States Supreme Court is hearing four important oral arguments dealing with Fourth, Fifth and Sixth Amendments this week.Today, March 21, the Court will hear two cases: Davis v.…
inversecondemnation.com
Say What? 7th Circuit: “Takings Clause does not apply when property … is damaged as the result of the government’s exercise of its authority pursuant to some power other than the power of eminent domain.”
Sometimes, you have to wonder. In an otherwise well-written opinion, in Johnson v. Manitowoc County, No. 10-2409 (Mar. 19, 2011), the U.S. Court of Appeals for the Seventh Circuit concluded that…
ImmigrationProf Blog
New Immigration Article: Fugitive Operations and the Fourth Amendment: Representing Immigrants Arrested in Warrantless Home Raids
Here is a topical article. Nathan Treadwell's Fugitive Operations and the Fourth Amendment: Representing Immigrants Arrested in Warrantless Home Raids sets out a litigation theory for suppression claims in immigration court after…
The Faculty Lounge
Spotlight on some exemplary legal writing
Some excellent writing has come out of late, and I wanted to shine some light on it. We law profs get inundated with so much material (via books, articles, SSRN,…
Privacy & Information Security Law Blog
Court Finds Fourth Amendment Protects Email Privacy
On December 14, 2010, the Sixth Circuit Court of Appeals ruled that the government's warrantless seizure of a defendant's private emails violated the Fourth Amendment's prohibition on unreasonable searches and…
Tilting the Scales
Do TSA “Pat Downs” Violate the 4th Amendment?
By Jamie Ribman
Pat McCann, a famous 26-year-old super model, was traveling to New York for a lingerie catalogue photo shoot. While standing in line at airport security, Pat overheard a TSA employee…