Statute
Fourth Amendment
736 published works
Sentencing Law and Policy
Latest SCOTUS order list with notable Second, Fourth and Eighth Amendment developments
The Surpreme Court handed down this new order list this morning to kick off what should be an eventful SCOTUS month. The list is not all that eventful for sentencing…
Appellate and Supreme Court
Latest SCOTUS order list with notable Second, Fourth and Eighth Amendment developments
The Surpreme Court handed down this new order list this morning to kick off what should be an eventful SCOTUS month. The list is not all that eventful for sentencing…
Kirakosian Law Blog
Can You Sue the Police for Violating the Fourth Amendment in California?
The Fourth Amendment of the Constitution shields people from arbitrary searches and seizures in California and the rest of the US. Law enforcement cannot indiscriminately invade your privacy without a…
Kirakosian Law Blog
Can I Sue for Illegal Search and Seizure? Your Rights, Your Case, Your Justice
It might be frightening to be searched by the police, but what happens if the search goes too far and infringes on your rights? The answer to the question, “Can…
Appellate and Supreme Court
Supreme Court unanimously reiterates “totality of the circumstances” approach to Fourth Amendment
The Supreme Court this morning handed down a short opinion in Barnes v. Felix, No. 23–1239 (S. Ct. May 15, 2025) (available here). The unanimous ruling, authored by Justice Kagan…
Sentencing Law and Policy
Supreme Court unanimously reiterates "totality of the circumstances" approach to Fourth Amendment
The Supreme Court this morning handed down a short opinion in Barnes v. Felix, No. 23–1239 (S. Ct. May 15, 2025) (available here). The unanimous ruling, authored by Justice Kagan…
Legal Theory Blog
Evans on Citizenship and the Fourth Amendment
Danieli Evans (University of Washington School of Law) has posted A Citizenship Model of the Fourth Amendment on SSRN. Here is the abstract: Fourth Amendment law is in disarray. In…
On Brief: Iowa's Appellate Blog
Iowa Supreme Court rejects bid to abolish exception to Fourth Amendment warrant requirement
By Rox Laird
A law enforcement officer making a roadside stop is legally allowed to search a vehicle without a warrant under an “automobile exception” to the protection against unreasonable searches and seizures…
Legal Theory Blog
Ferguson on Everything-Everywhere Searches
Andrew Guthrie Ferguson (American University Washington College of Law) has posted Everything-Everywhere Searches on SSRN. Here is the abstract: Police surveillance technologies have outpaced Fourth Amendment doctrine. Arbitrary, generalized search…
Agricultural Law and Taxation Blog
The “Plain View” Doctrine and Drones
OverviewThe advent of drone technology has ushered in a new era for various government inspection processes, offering unparalleled aerial perspectives and efficiencies. However, this technological leap intersects with established legal…