Statute
Fourth Amendment
736 published works
Aviation & Airport
TSA Threats of Retaliation for Refusal of Intrusive Body Searches are Empty Rhetoric
By Barbara E. Lichman, Ph.D., J.D.
The controversy over the invasive body scans and pat-downs by the Transportation Security Agency (TSA) seems to have temporarily blown over. However, with Christmas vacation on the way, they are…
Constitutional Law Prof Blog
D.C. Circuit on Prolonged GPS Surveillance
By ConLawProf initials at end of post
A sharply divided D.C. Circuit voted to deny en banc review on Friday of a panel ruling that the government's prolonged, warrantless surveillance of an individual by GPS attached to his…
Land Use Prof Blog
Decision on Open Beaches Act / Rolling Easement case (Severance v. Patterson)
The Texas Supreme Court issued its opinion today in Severance v. Patterson, a case that the Fifth Circuit certified on questions of interpreting state property law and the Texas Open…
Sentencing Law and Policy
Three intriguing SCOTUS cert grants on criminal justice issues
Main October 12, 2010Three intriguing SCOTUS cert grants on criminal justice issuesAs detailed in this SCOTUSblog post, this morning the Supreme Court "issued an order list from last week’s Conference…
Sentencing Law and Policy
New blog examining the “intersection between criminal law and emerging technology”
Main October 11, 2010New blog examining the "intersection between criminal law and emerging technology"I am pleased to learn about this new blog, intriguingly named "Stockycat," which is "focused non-exclusively on…
Sentencing Law and Policy
“Erie and Federal Criminal Courts”
Main October 4, 2010"Erie and Federal Criminal Courts"The title of this post is the title of this fascinating-looking new paper from Wayne Logan available via SSRN. Here is the abstract:…
Nashville Criminal Law Report
Probation’s Dirty Little Secret
By Rob McKinney
Your charged with a crime like possession of drugs or aggravated assault. You are put on probation and you think your problems are gone. Wrong. A new trend in Tennessee as it relates…
Ohio Appellate Insights
Searching A Cell Phone
As I have written many times in this column, the Fourth Amendment to the U.S. Constitution protects us from unreasonable searches and seizures. The Fourth Amendment also implicates privacy concerns.…
Nashville Criminal Law Report
Courts Split Over GPs Surveillance
By Rob McKinney
The federal courts are split over whether the police must obtain a search warrant before secretly attaching a Global Positiong System device under someone's car. The issue is whether the Fourth…
Ohio Appellate Insights
The Fourth Amendment, Resuscitated
Most of the Fourth Amendment cases from the U.S. Supreme Court during the years of the Bush administration seemed to cut back its protections further and further, to a frightening…