Tag: Fourth Amendment: Page 2

Patrol

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

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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

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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

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Sued for Shooting a Dog

Your biggest fear in a dog shooting lawsuit is punitive damages. While compensatory damages are likely to be covered by your employer, punitive damages are probably coming out of your pocket.

November 4, 2014

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SCOTUS Hears Case on Officer's Mistaken Traffic Stop That Led to Cocaine Bust

The Supreme Court opened its new term Monday pondering whether a police officer's misunderstanding of the law can justify a traffic stop that led to the seizure of illegal drugs.

October 7, 2014

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Stop and Frisk?

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.

April 30, 2014

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Supreme Court to Hear Cases of Cell Phone Searches

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

April 27, 2014

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SCOTUS Backs Up Officers with Ruling on Anonymous Tips

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

April 23, 2014

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Constitutional Home Entry

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.

February 9, 2014

Patrol

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 5, 2014

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

Technology

Video and You

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.

October 1, 2013