Statute
Fourth Amendment
736 published works
Sentencing Law and Policy
An intriguing week on tap for SCOTUS and sentencing fans
Main April 19, 2010An intriguing week on tap for SCOTUS and sentencing fansThe Supreme Court is back from its latest break today, and this SCOTUSblog post details the Justices' basic…
Media Law Prof Blog
The Fourth Amendment and Computer Warrants
Orin S. Kerr, George Washington University Law School, has published Ex Ante Regulation of Computer Search and Seizure. It is forthcoming in the Virginia Law Review. Here is the abstract. In…
Media Law Prof Blog
Third Circuit Hears Cell Phone Records Privacy Case
From the Feb. 11 issue of the New York Times, an editorial on cell phones and the 4th Amendment, and more from the Philadelphia Inquirer on the case discussed (but…
Legal Profession Blog
Hold That Call
The Wisconsin Supreme Court upheld the admission of most of the evidence obtained after seizure of the cell phone of an arrested defendant:The focus of our inquiry is whether the…
ImmigrationProf Blog
Colorado Supreme Court Holds that Raid of Immigrant’s Tax Preparer Violated Fourth Amendment
In a 4-3 decision in People v. Gutierrez, the Colorado Supreme Court held that a trial court properly suppressed evidence obtained pursuant to an unlawful search of defendant’s tax returns. The documents…
Sentencing Law and Policy
SCOTUS grants cert on three new (sort-of) criminal justice cases
Main December 14, 2009SCOTUS grants cert on three new (sort-of) criminal justice casesAs detailed in this SCOTUSblog post, this morning the Supreme Court grant cert on three new cases. Here…
LawSites
Lawyer2Lawyer: E-mail and the 4th Amendment
Does the Fourth Amendment's protection against unreasonable searches and seizures extend to e-mail and data stored in "the cloud"? Surprisingly, the question remains unsettled in the courts. On this week's…
HL Chronicle of Data Protection
DHS Issues New Directives Regarding Warrantless Border Searches of Electronic Devices
The Department of Homeland Security (DHS) has released new directives regarding government searches of electronic and digital devices at the U.S. border, including computers, disks, drives, tapes, mobile phones, cameras, and…
EvidenceProf Blog
My New Article: Stranger Than Dictum: Why Arizona v. Gant Compels the Conclusion that Suspicionless Buie Searches Incident to Lawful Arrests are Unconstitutional
By Colin Miller
Two days after the Supreme Court's opinion in Arizona v. Gant back in April, I wrote a post contending that the opinion could be read as invalidating the suspicionless search incident to…
Sentencing Law and Policy
Are there any must-reads (beyondHeller) for my Second Amendment Seminar?
Main August 16, 2009Are there any must-reads (beyond Heller) for my Second Amendment Seminar?Regular readers know I am interested in the intersection of the Second Amendment and the criminal justice…