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Search Result: Fourth Amendment

Displaying 1  -  20  of  103

Stop and Frisk?

May 1, 2014

Many people who use the term "stop and frisk" fail to realize that there actually is no such concept in the law, and that the phrase "stop and frisk" couples two constitutionally distinct activities that do not necessarily coincide. This misunderstanding is easily traced to the coincidence in Terry v. Ohio.

Supreme Court to Hear Cases of Cell Phone Searches

April 28, 2014
The Supreme Court on Tuesday, will hear cases involving search of personal cell phones incident to arrest.

SCOTUS Backs Up Officers with Ruling on Anonymous Tips

April 24, 2014
The Supreme Court upheld a California traffic stop based solely on a 911 call reporting a reckless driver.

Constitutional Home Entry

February 10, 2014

Private residences enjoy the highest levels of Fourth Amendment protection against governmental intrusion. Here are the 10 most common ways to get inside a home without violating the Fourth Amendment.

Chasing Misdemeanants

January 6, 2014

Some search-and-seizure rules are not very clear, and state and local federal courts might apply them differently. How can you be expected to pick and choose the right rule on an issue for which there doesn't seem to be just one "right" rule?

Visual Enhancement and the Fourth Amendment

December 6, 2013

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?

Video and You

October 2, 2013

If you aren't speaking and behaving at all times in public the way you want to appear when you're uploaded on YouTube, you could have some unpleasant surprises in store.

SCOTUS To Hear Co-Tenant Search Case

September 6, 2013
The U.S. Supreme Court has agreed to hear a California case involving a suspect arrested by police after his girlfriend allowed officers to search the couple's apartment.

Open Wide and Say, "Ahhh"

August 5, 2013

Under what circumstances would the Fourth Amendment allow routine collection of DNA samples upon arrest and booking? A recent Supreme Court decision addressed this issue.

ACLU Attacks License Plate Readers

July 17, 2013
License-plate readers give law enforcement a location tracking tool that may violate constitutional privacy rights, the American Civil Liberties Union argues in a new report released today.

Video: Driver Questions Deputy at DUI Checkpoint

July 9, 2013
A Libertarian Party member's recording of his interaction with a Rutherford County (Tenn.) Sheriff's deputy at a DUI checkpoint went viral following the July 4 stop.

Prosecutor: Ohio Agency's Fake Drug Checkpoints Legal

July 1, 2013
An Ohio agency's face drug checkpoints don't violate a 2000 U.S. Supreme Court ruling that officers can't randomly stop cars to search motorists for drugs, a prosecutor told The Plain Dealer.

DOJ: L.A. Sheriff's Deputies Targeted Blacks

July 1, 2013
The Los Angeles County Sheriff's Department has agreed to make changes, after a two-year Department of Justice probe uncovered "widespread" unlawful detentions and searches of blacks, Latinos, and other residents of subsidized housing.

N.J. Bill Would Allow Police Cell Phone Searches After Accidents

June 11, 2013
A state bill in New Jersey would allow police officers to search the cell phones of drivers at accident scenes to determine if they were talking or texting before the crash.

Forced Blood From Impaired Drivers

June 7, 2013

The Supreme Court has made it more difficult for law enforcement officers to obtain the most probative evidence of impaired driving—a measure of the alcohol concentration in a sample of the suspect's blood.

Fourth Amendment Blues

June 5, 2013

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.

SCOTUS Allows DNA Swabs During Arrests

June 3, 2013
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.

Video: Calif. Cops TASER Domestic Suspect In Home

May 16, 2013
Cotati (Calif.) Police officers entered the home of a military veteran after a neighbor called 911 Friday to report a domestic dispute. The veteran released his video of the episode that he says shows police improperly entered his home.

Dogs, Drugs, and the Fourth Amendment

May 3, 2013

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.

Search Warrant Detentions

April 30, 2013

When you make a search of premises under authority of a search warrant, it is generally permissible to detain the occupants pending completion of the search. The authority to do so, and the rationale supporting detention, were limited by a 2013 decision.

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