Statute
Fourth Amendment
736 published works
inversecondemnation.com
2008 Land Use In Review: Zoning
A round up of interesting and notable zoning decisions:Zoning inspectors need a warrant - The US Court of Appeals for the Sixth Circuit, in Jacob v. Township of West Bloomfield,531…
Sentencing Law and Policy
’tis the season … to litigate creatively?
Main December 17, 2008'tis the season ... to litigate creatively?This local AP story out of Ohio that just has to put everyone in a holiday (litigation?) mood: A Christmas tree…
Sentencing Law and Policy
Are the modern Second Amendment and Fourth Amendment on a collision course?
Main December 10, 2008Are the modern Second Amendment and Fourth Amendment on a collision course?Though not (yet) a true sentencing issue, my deep interest in post-Heller gun litigation and my…
Constitutional Law Prof Blog
Second Circuit on Extraterritorial Application of Fourth Amendment Warrant Requirement
By ConLawProf initials at end of post
A three-judge panel of the Second Circuit upheld the district court's denial of one defendant-appellant El-Hage's motion to suppress evidence obtained overseas in the criminal case arising out of the…
Constitutional Law Prof Blog
NSA Surveillance Runs Amok
By ConLawProf initials at end of post
UPDATE, 10/11, 1:55 pm CT: Marty Lederman at Balkinization and Orin Kerr at the Volokh Conspiracy exchanged posts yesterday on the Fourth Amendment issues in these recent stories. Marty alluded…
ImmigrationProf Blog
Ninth Circuit finds “egregious violation” by ICE
In August 2008, the Ninth Circuit found that ICE egregiously violated the Fourth Amendment by forcing their way into an immigrant's home without a warrant, consent, or exigent circumstances during…
ImmigrationProf Blog
Immigrants Have Rights!
There are many legal questions that have arisen in connection with increased immigration raids by the federal government. Are individuals arrested in immigration raids protected by the 4th and 5th…
inversecondemnation.com
Zoning Inspectors Need A Warrant
An interesting Sixth Circuit case summarized on Law of the Land by Professor Patty Salkin, Jacob v. Township of West Bloomfield, 531 F.3d 385 (6th Cir. July 3, 2008), which…
Sentencing Law and Policy
First Circuit upholds DNA collection from non-violent felons on probation
Main July 7, 2008First Circuit upholds DNA collection from non-violent felons on probation Thanks to AL&P, I see that the First Circuit has reversed a district court ruling that found…
Labor Law Prof Blog
Fourth Amendment Protection for Electronic Communications
Orin Kerr has a nice post at the Volokh Conspiracy on an interesting new case out of the Ninth Circuit, Quon v. Arch Wireless Operating Co. The case involved a…