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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.
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It sometimes happens that a suspect's lawyer offers to surrender him for arrest and agrees to let his or her client be questioned, provided the lawyer is present during the interrogation.
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Under what circumstances is it permissible to inquire into a person's immigration status? The Supreme Court has addressed this question in several opinions, most recently in its 2012 decision reviewing Arizona's immigration statutes.
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If you articulate circumstances that are suspicious, based on your training and experience, you should not be second-guessed by judges on the ground that the conduct you considered was just a combination of innocent acts.
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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.
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Identifying the perpetrator and clearing innocent suspects are crucial goals of every criminal investigation, and both depend on the use of reliable evidence. The Supreme Court has applied a constitutional due process test to the admissibility of testimony about an eyewitness's pretrial ID.
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Of the 55 subsequent Supreme Court opinions on Miranda issues, 14 have involved attempts to clarify the meaning of "custody," and in 12 of those 14, the Supreme Court reversed the decisions of state and federal appellate courts, which got it wrong.
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Police use of technology to catch criminals makes the U.S. Supreme Court nervous, as was evident in the recent Jones decision. In the absence of a recognized basis for a warrantless search, Jones does mean that a warrant must be obtained for installation andmonitoring of a GPS tracker on a suspect's vehicle.
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In November, the U.S. Supreme Court issued its 54th decision on a Miranda issue, in a case called Bobby v. Dixon. This is the third decision on the issue of the admissibility of a suspect's statements obtained after a belated warning and waiver.
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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.
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