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Search Result: Fourth Amendment

Displaying 61  -  80  of  107

Vehicle Checkpoints

November 1, 2011

Checkpoint stops are different-multiple vehicles are stopped one after the other, at the same place, without any suspicion beforehand that anyone in particular may be engaged in unlawful activity.

'Good Faith' Revisited

October 17, 2011

The Fourth Amendment exclusionary rule is not absolute. In a number of decisions, the U.S. Supreme Court has recognized that even where a police officer makes an unreasonable search or seizure, there may be compelling reasons not to exclude resulting evidence.

U.S. Supreme Court Considers Legality of Strip Searches

October 13, 2011
The U.S. Supreme Court on Wednesday began considering whether a suspect can be strip searched and closely examined before entering jail.

Calif. Lawmakers Move To Ban Warrantless Cell Phone Searches

September 28, 2011
California lawmakers have approved a bill that would require officers to obtain a warrant before searching the contents of a subject's cell phone or wireless device. The bill would become law if approved by Gov. Brown by Oct. 9.

Federal Court Upholds Right To Record Video of Officers

August 29, 2011
Arresting someone for filming a law enforcement officer is a Constitutional violation, a federal judge in Massachusetts has ruled.

Covert Entry Search Warrants

July 22, 2011
Traditional search warrants aren't always the best choice, because they require immediate notification. With a covert entry warrant, officers can delay notification, collect evidence, and continue building their case.

Exigent Entry

July 7, 2011

Warrantless entries are limited to those authorized by consent, probation or parole search conditions, or "exigent circumstances" involving some sort of emergency requiring immediate action. One category of exigency that may justify warrantless entry is the need to prevent the imminent destruction of evidence.

California Bill Would Require Warrant for Cell Phone Searches

July 5, 2011
Members of the Peace Officers Research Association of California have come out in opposition to the bill, saying cell phones contain vital information about crimes in progress that could be deleted by the suspect.

SCOTUS Sides with LE on Illegal Searches

June 16, 2011
The U.S. Supreme Court has ruled in favor of law enforcement officers who perform an illegal search in good faith, which wouldn't trigger the exclusionary rule for evidence that incriminated the subject.

Probable Cause and Reasonable Suspicion

June 7, 2011

Some actions you take have been classified by Supreme Court decisions as requiring that you articulate a "reasonable suspicion" in order to make them constitutionally reasonable, while others can be undertaken only if there is "probable cause" ("PC"). But what do these terms mean? And how do you match the right level of justification with the kind of conduct you're seeking to justify?

Supreme Court Sides With Police on Evidence-Destruction Case

May 16, 2011
A U.S. Supreme Court decision handed down Monday gives law enforcement officers the right to forcibly enter a residence if they suspect evidence is being destroyed after they have announced their presence.

Michigan State Police Say Cell Phone Data Only Extracted with Consent, Warrant

April 26, 2011
Michigan State Police use devices to extract information from people’s cell phones only with owners’ consent or with a search warrant, an official told a House committee today.

Michigan ACLU Questions Troopers' Use of Cellphone Data Extractors

April 18, 2011
The American Civil Liberties Union of Michigan wants more information about how Michigan State Police troopers are using devices known as cellular data extractors to retrieve information from a citizen's mobile device during a traffic stop without their consent.

DOJ Asks SCOTUS to Review Police GPS Tracking Case

April 18, 2011
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.

Impound Inventory

April 14, 2011

When a suspect's vehicle is lawfully impounded (such as when the driver is arrested where the vehicle cannot be safely parked and locked, and there is no sober, licensed driver to take custody of it), it is usually permissible to conduct a standard inventory of the vehicle and its contents.

Florida Agency Using Skype To Obtain Warrants

March 29, 2011
Cpl. Darin Morgan came up with an idea to save time when obtaining blood search warrants from judges in cases involving impaired drivers. Using Skype can shave hours off police time spent traveling and waiting to meet judges in person.

Mi Casa Es Su Casa

March 10, 2011

When you take down a drug house, or enter a home to investigate domestic violence, or serve a search warrant at a residence, which of the multiple people that you sometimes encounter would have the legal standing to challenge the lawfulness of your entry and search?

No-Knock Searches: Reasonable or Deadly?

March 7, 2011
Incidents like the Todd Blair shooting put pressure on judges to deny requests for no-knock warrants. Don't ask for a no-knock warrant unless it really is necessary.

SCOTUS Appears To Give Police More Leeway In Searches

January 13, 2011
In the past, the high court has said officers need a search warrant to enter a home, but during arguments in a drug case, the court's conservatives said they favored relaxing that rule when police say they have a need to act fast.

Calif. High Court OKs Cell Phone Searches Without Warrant

January 6, 2011
The majority of justices, in their ruling, agreed that the cell phone was a personal item of Diaz's at the time of his arrest and during administrative processing at the station.
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