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279 Results
Patrol
Fourth Amendment Blues
Essentially, because of the Fourth Amendment to the Constitution, you are damned if you do and damned if you don't. And the public has no sympathy whatsoever for your precarious position.
June 4, 2013
Patrol
Visual Enhancement and the Fourth Amendment
What if an object only comes into plain view after an officer shines a flashlight or spotlight into an area, or looks through binoculars? Does this use of sense-enhancing devices make a difference in the Fourth Amendment calculation of reasonableness?
December 5, 2013
Point of Law
Understanding Fourth Amendment Seizure
Can it be a seizure when a person isn’t “seized?”
October 6, 2021
Patrol
Fourth Amendment Supremacy
Evidence discovered during a search incident to an arrest supported by PC is not suppressible in the majority of state courts.
May 31, 2008
Patrol
Flight and the Fourth Amendment
Sometimes, people run when they see you coming. May you chase them? If you do, does that amount to a "show of authority" constituting a detention, requiring reasonable suspicion?
October 7, 2015
Patrol
Understanding Fourth Amendment "Standing"
A defendant cannot suppress evidence if he cannot show that his own legitimate rights were violated in the way it was obtained.
December 3, 2014
Patrol
Dogs, Drugs, and the Fourth Amendment
Two cases from Florida have brought the U.S. Supreme Court to two different conclusions regarding K-9 searches in 2013. One is an affirmation of existing practice, but the other breaks new ground and imposes new limits.
May 2, 2013
Patrol
K-9 Sniffs and the Fourth Amendment
Under what circumstances is it permissible to use a dog to try to detect the presence of narcotics or dangerous substances without prior suspicion? The Supreme Court has considered this issue in three decisions.
May 31, 2005
Point of Law
Supreme Court Makes It Easier to Sue Police for Excessive Force
The court determined that in order to sue for excessive force under the Fourth Amendment, it is not necessary for a plaintiff to have been physically seized by law enforcement.
March 25, 2021
Technology
DOJ Asks SCOTUS to Review Police GPS Tracking Case
The Justice Department has asked the U.S. Supreme Court to consider whether the use of GPS tracking devices on suspect vehicles without a warrant is allowed under the Fourth Amendment.
April 17, 2011
Patrol
U.S. Supreme Court Hears Fla. Drug Dog Case
A suspect's Fourth Amendment right to grow marijuana in the privacy of a home will be tested in a Florida case the U.S. Supreme Court began hearing Wednesday.
October 30, 2012
Patrol
Federal Investigation of Breonna Taylor Shooting Continues
Because the Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures, the warrant process in the Taylor case could be part of the FBI review.
September 23, 2020
Patrol
DNA Case Heads To U.S. Supreme Court
A convicted rapist is challenging a Maryland law that allows police to take a DNA sample from violent suspects, arguing his Fourth Amendment privacy rights have been violated.
November 11, 2012
Point of Law
Point of Law: When is an Officer-Involved Shooting a Seizure?
The Supreme Court recently ruled on a New Mexico case that established when a use of force constitutes a Fourth Amendment seizure.
May 19, 2021
Patrol
Publicity Can Be Costly
As private citizens, reporters are not bound by the Fourth Amendment. You are. Private citizens generally can't be sued for violating someone's Fourth Amendment rights. You can. Read on.
October 9, 2012
Patrol
SCOTUS Allows DNA Swabs During Arrests
The 5-4 ruling came in Maryland v. King, where a convicted rapist had argued his Fourth Amendment privacy rights were violated when police used DNA to connect him to an earlier crime.
June 2, 2013
Point of Law
Point of Law: Reasonable Suspicion in Vehicular Stops and Searches
Understanding the nuances between reasonable suspicion and probable cause is crucial in navigating the legal framework of the Fourth Amendment.
November 30, 2023
Point of Law
Supreme Court Hearing Case on When Officers Can Enter Home Without Warrant
The lower courts ruled that police could enter the home and under the so-called the community care-taking exception to the Constitution's warrant requirement. Representing Edward Caniglia, lawyer Shay Dvoretzky said that an exception like that would "eviscerate" the warrant protections of the Fourth Amendment.
March 25, 2021
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