Search Results

Best Match Date Posted
Close
Expand All
Results: 49
Reasonable Suspicion

Reasonable Suspicion

In some cases, the U.S. Supreme Court has ruled that particular searches and seizures need only "reasonable suspicion" to be constitutional—not the higher justification level of probable cause. What's the difference, and when is reasonable suspicion sufficient?

September 2, 2015

Mistake of Law: To Err Is Human

Mistake of Law: To Err Is Human

In a series of cases, the court has upheld searches and seizures made by officers who were mistaken in their understanding of the facts they confronted, or as to the law to be applied.

February 27, 2015

The 5 Biggest Search-and-Seizure Myths

The 5 Biggest Search-and-Seizure Myths

Ever since the U.S. Supreme Court made the Fourth Amendment exclusionary rule binding on the states in the 1961 decision in Mapp v. Ohio, thousands of published decisions from state and federal courts have applied the exclusionary rule to thousands of searches and seizures. It's no wonder the 50-year tidal wave of exclusionary decisions has left confusion and misunderstanding in its wake. Here are five areas of the law that seem to suffer the most in translation.

November 11, 2014

Chasing Misdemeanants

Chasing Misdemeanants

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?

January 6, 2014

Open Wide and Say, "Ahhh"

Open Wide and Say, "Ahhh"

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.

August 5, 2013

Dogs, Drugs, and the Fourth Amendment

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 3, 2013

Unlawful Reaction to Unlawful Action

Unlawful Reaction to Unlawful Action

Let's face it—law enforcement officers sometimes make detentions, arrests, entries, or searches that run afoul of one or more of the hundreds of judicial decisions differentiating "reasonable" and "unreasonable" searches and seizures.

March 5, 2013

Consent Searches

Consent Searches

Warrantless searches are presumed to be unreasonable, but the U.S. Supreme Court has acknowledged that a warrantless search may still be reasonable under the Fourth Amendment if it falls within the guidelines of one or more of a limited number of exceptions.

February 5, 2013

Entry to Secure

Entry to Secure

As previous "Point of Law" articles have discussed, there are four—and only four—legal justifications for entering private premises. For several reasons, the preferred authority for entry is a judicial warrant.

December 10, 2012

Expanded Definition of "Search"

Expanded Definition of "Search"

When the government, in an attempt to get information, "trespasses" on any of the items specifically listed in the Fourth Amendment ("persons, houses, papers and effects"), this constitutes a "search," whether or not there is any infringement of a suspect's legitimate expectation of privacy.

November 5, 2012

Publicity Can Be Costly

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 10, 2012

Strip Searching Misdemeanor Arrestees

Strip Searching Misdemeanor Arrestees

After issuing a series of decisions over the years that have been mostly deferential to custodial officials in managing their secure facilities, the U.S. Supreme Court has issued a new ruling on the constitutionality of visual strip searches of minor-offense arrestees.

June 1, 2012

The Independent Source Doctrine

The Independent Source Doctrine

Although some searches and seizures may only be justifiable under a single approach, many can be justified several different ways. The U.S. Supreme Court has long held that when this is the case, any independent source of contested evidence will suffice, even when another does not.

January 12, 2012

Four Famous Cases

Four Famous Cases

The decade of the 1960s gave us four of the most significant cases that apply to our daily work: Mapp, Brady, Miranda, and Terry. These four are among the most prominent criminal law cases you should know more about to understand how we got to where we are.

December 2, 2011

Vehicle Checkpoints

Vehicle Checkpoints

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.

November 1, 2011

a Bobit media brand

Create your free Bobit Connect account to bookmark content.

The secure and easy all-access connection to your content.
Bookmarked content can then be accessed anytime on all of your logged in devices!

Create Account