updated Fri. March 29, 2024
-
The Recorder
April 30, 2018
... Facility staff illegally strip searched detainees who were being held for minor offenses has been dismissed in Montgomery County Supreme Court. ... the Montgomery County Correctional Facility did not violate the New York State Constitution or the Fourth Amendment of the United States Constitution.
SCOTUSblog (blog)
April 27, 2018
Question: The Supreme Court has yet to decide a number of cases this term involving the Bill of Rights, including Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (First Amendment, public-accommodations laws), Carpenter v. United States (Fourth Amendment, electronic privacy), and CityÃâà...
Constitution Daily (blog)
April 10, 2018
The Supreme Court will consider the state of Hawaii's claim that President Donald Trump imposed an unconstitutional “Muslim ban” when he ordered strict new limits on entry into the U.S. by foreign nationals from six nations with Muslim-majority populations and if the Trump order issued in September isÃâà...
ACLU (blog)
April 9, 2018
According to seven of the nine Justices, Hughes' Fourth Amendment right to not be shot four times in this situation is less protected than the officer's interest ... The Supreme Court has told us that the doctrine “balances two important interests—the need to hold public officials accountable when they exerciseÃâà...
WisBar
April 5, 2018
The U.S. Supreme Court has declined to hear a Wisconsin-based case on the community caretaker exception to the warrant requirement, for the third time in .... said the majority “bucks the nationwide trend when it determines that the Fourth Amendment to the United States Constitution does not require thatÃâà...
Law.com
April 4, 2018
In Collins v. Virginia, the Supreme Court will decide whether police need a warrant to search a motor vehicle close to a person's home. The justices will try to balance powerful Fourth Amendment pressures on both sides—the traditionally strong protection of privacy interests at a person's home weightedÃâà...
JURIST
April 4, 2018
A California appeals court reversed the conviction holding that the DNA Act violated defendant's rights under the Fourth Amendment [GPO backgrounder, PDF] to the US Constitution. While an appeal of that decision was pending before the California Supreme Court, the US Supreme Court [official website],Ãâà...
Courthouse News Service
April 3, 2018
The state took the reversal to the California Supreme Court, which held the case while the U.S. Supreme Court decided Maryland v. King – a Fourth Amendment challenge to Maryland's law requiring the collection of DNA from arrestees charged with “serious crimes.” In King, the high court found Maryland'sÃâà...
Arizona Daily Sun
April 3, 2018
In a divided decision Monday, the majority of the U.S. Supreme Court said there was evidence that Andrew Kisela was entitled to qualified immunity in the ... in which any competent officer would have known that shooting Hughes to protect Chadwick would violate the Fourth Amendment,'' the justices wrote.
U.S. News & World Report
April 3, 2018
WASHINGTON (Reuters) - The U.S. Supreme Court on Monday sided with an Arizona police officer in a case testing the constitutional limits for the use of force, ... The wounded woman, Amy Hughes, had accused Kisela of using excessive force in violation of the U.S. Constitution's Fourth Amendment, whichÃâà...
Slate Magazine
April 3, 2018
On Monday morning, the U.S. Supreme Court made the American criminal justice system a little less just. First, the court granted immunity to a police ... Hughes survived the shooting and sued Kisela for using excessive force in violation of her Fourth Amendment rights. The 9th U.S. Circuit Court of AppealsÃâà...
Law.com
April 3, 2018
While Buza's case was pending in the California courts, the U.S. Supreme Court in 2013 rejected a defendant's Fourth Amendment challenge to Maryland law requiring DNA swabbing of those arrested for serious crimes. That decision, the California Supreme Court wrote Monday, “significantly altered theÃâà...
AZCentral.com
April 3, 2018
But Justice Sonia Sotomayor did not mince words when she responded in her dissent that "Such a one-sided approach to qualified immunity transforms the doctrine into an absolute shield for law enforcement officers, gutting the deterrent effect of the Fourth Amendment." The Fourth Amendment of the U.S.Ãâà...
Liberty Nation
March 28, 2018
Microsoft Corp., that has been appealed in multiple courts including the Supreme Court, where a ruling is currently pending. A court decision is now ... The CLOUD Act is designed to allow U.S. law enforcement to obtain digital evidence for criminal investigations overseas, regardless of local laws. CountriesÃâà...
Law.com
March 28, 2018
The judge who granted a defense motion to suppress evidence of the blood draw was guided by the U.S. Supreme Court's 2013 decision in Missouri v. McNeely, which said that dissipation of alcohol from a defendant's blood does not constitute a per se exigency justifying a warrantless blood draw.
Galesburg Register-Mail
March 27, 2018
The presence of conservative U.S. Supreme Court Justice Neil Gorsuch, appointed by President Donald Trump, leads many to predict that the court will rule 5-4 in “Janus v. AFSCME” that organized labor can't collect any fees from workers for whom unions are obligated to negotiate. However, someÃâà...
EFF
March 27, 2018
The Supreme Court's pre-Riley case law, however, permits warrantless and suspicionless “routine” searches of items like luggage that travelers carry across the border, a rule known as the border search exception to the Fourth Amendment's warrant requirement. Based on these pre-Riley cases, theÃâà...
Law.com
March 26, 2018
“To date, the Supreme Court has refused to extend the protection of the Fourth Amendment to a foreign citizen.” U.S. District Judge Edward Prado, sitting by designation, issued a dissent in which Fifth Circuit Judge James Graves joined. The dissent said it would have allowed the teen's family to pursueÃâà...
Bismarck Tribune
March 26, 2018
After the North Dakota Supreme Court's unanimous ruling Thursday that a Bismarck police officer did not violate her Fourth Amendment rights in his warrantless ... “There's conflicting cases around the United States on this particular issue (warrantless entry), and the U.S. Supreme Court has not taken up thisÃâà...
The Tennessean
March 21, 2018
One of the major bulwarks of individual liberty in the United States of America is the Fourth Amendment, which protects people from “unreasonable ... However, in the modern era, the U.S. Supreme Court dangerously reduced Fourth-Amendment protections by creating exceptions to the exclusionary rule.
MLive.com
March 20, 2018
"It's quite understandable to me why a person might be a little harsh or a little impatient when they've waited their whole life for us to talk about justice," ... "He has argued in the United States Supreme Court in favor of defendants to extend Fourth Amendment rights and others that I might not be aware of, andÃâà...
Patriot Post
March 19, 2018
Court rules that no warrant is necessary for border searches of a U.S. citizen's cell phone content. ... This ruling will clearly not be the end of the story as it sets up a collision course with the Supreme Court's 2014 ruling that specifically extended Fourth Amendment protections to include cell phones. IndeedÃâà...
Quartz
March 18, 2018
US Supreme Court Justices John Roberts, Stephen Breyer, Elena Kagan and Neil Gorsuch, amused on Jan. ... cause to arrest the revelers—as required by Fourth Amendment protections against unreasonable governmental searches and seizures—because no one in the house could authorize the entry.
ABA Journal
March 8, 2018
Again, this year, there are a number of Fourth Amendment cases before the U.S. Supreme Court that have the potential to significantly change the law and ... United States is whether the Fourth Amendment, which prohibits unreasonable searches and arrests, requires that the police obtain a warrant toÃâà...
ABA Journal
March 8, 2018
Again, this year, there are a number of Fourth Amendment cases before the U.S. Supreme Court that have the potential to significantly change the law and ... United States is whether the Fourth Amendment, which prohibits unreasonable searches and arrests, requires that the police obtain a warrant toÃâà...
The Hill
March 1, 2018
Dissenting from the Supreme Court's recent decision not to review California's 10-day waiting period to purchase firearms in Silvester v. ... The past three decades have seen a steady erosion of the privacy protected by the Fourth Amendment, as a majority of the court has bowed to the practical realities ofÃâà...
Law.com
March 1, 2018
United States oral arguments at SCOTUS. In case you've been living under a rock, this is the fight over whether the government can use a domestic warrant under the 1986 Stored Communications Act to access data stored overseas—specifically in this scenario, emails on a Microsoft cloud server in Ireland.
EFF
February 28, 2018
When courts recognize and strengthen our Fourth Amendment rights against warrantless, suspicionless searches of our electronic devices at the border, it's an important check on the government's ... However, the year after the Ninth Circuit decided Cotterman, the U.S. Supreme Court decided Riley v.
PBS NewsHour
February 28, 2018
And Microsoft said that act doesn't apply outside of the United States and objected to the warrant. The lower federal appellate court agreed with Microsoft. The Justice Department brought the appeal to the Supreme Court. So the arguments today we're going to focus on whether the act applies outside of theÃâà...
NPR
February 27, 2018
The Supreme Court heard arguments Tuesday about whether emails stored overseas are subject to a U.S. warrant. It all revolved around a ... Microsoft argues that an international treaty between the United States and Ireland should prevail and is the only correct way to obtain the emails. Ireland agrees.
WIRED
February 27, 2018
As the case has worked its way through appellate courts, Microsoft has taken the position that US law enforcement needs to go through Irish authorities if they want to obtain the emails. The United States has a Mutual Legal Assistance Treaty with Ireland, as it does with over 60 other countries and theÃâà...
New York Times
February 26, 2018
The Supreme Court is widely expected to rule in favor of Janus on a party line 5-to-4 basis and overturn a 1977 precedent, Abood v. ... if a teacher called in sick, and an administrator had to procure a warrant before searching her desk drawer for a text book, or else risk violating the Fourth Amendment.
CNN
February 20, 2018
While a lower court sided against the firearm owners, the 9th US Circuit of Appeals upheld the state law, and Tuesday's Supreme Court action means it will ... publication of racist speech, or a 10 minute delay of a traffic stop because "abortion, speech and the Fourth Amendment are three of its favored rights.
PBS NewsHour
February 19, 2018
The U.S. Supreme Court comes back from its winter break this week and plunges into a second half of the term as big as the first. ... and the Help America Vote Act? Does the Fourth Amendment prohibit the warrantless search and seizure of someone's cell phone location data over the course of 127 days?
Law.com
February 7, 2018
In November, the U.S. Supreme Court heard oral argument in Carpenter v. United States, a case that will determine whether the Fourth Amendment allows the government to access an individual's cellphone location records without a warrant. This case began with the arrest of Timothy Carpenter, whoÃâà...
Reason (blog)
February 1, 2018
... to be developing between conservative justices Neil Gorsuch and Samuel Alito over the issue of property rights and the Fourth Amendment. The most recent evidence of this division came on January 9, when the U.S. Supreme Court heard oral arguments in Byrd v. United States. This case arose in 2014,Ãâà...
Lexology
January 30, 2018
The U.S. Supreme Court heard oral arguments in what may become one of the defining consumer privacy cases of our generation. The central question in Carpenter v. United States asks whether the government violates the Fourth Amendment by accessing an individual's historical cell phone locationsÃâà...
New York Times
December 31, 1999
WASHINGTON — On Monday morning, the Supreme Court heard an argument that touched on the president's power to fire subordinates. In the afternoon, Deputy Attorney General Rod J. Rosenstein, who has been the subject of reports that President Trump wants to fire him, argued before the justices.
ABA Journal
December 31, 1999
A divided Minnesota Supreme Court has ruled that the Fourth Amendment protects driveways from warrantless searches, Minnesota Public Radio has ... his investigation in 'open fields' and then entered Chute's curtilage with the purpose of seeking him out, as is permitted under [the U.S. Supreme Court's]Ãâà...
Minnesota Public Radio News (blog)
December 31, 1999
A divided Minnesota Supreme Court today further defined the areas of people's property where police can't search without a warrant. ... Justice Margaret Chutich said a U.S. Supreme Court-established test of what part of a homeowner's property favors Fourth Amendment protection falls in Chute's favor.
Reason (blog)
December 31, 1999
California, the U.S. Supreme Court held that law enforcement officials violated the Fourth Amendment when they searched an arrestee's cell phone without a warrant. "Modern cell phones are not just ... The 11th Circuit's ruling came in the matter of United States v. Vergara. Hernando Vergara is a U.S.Ãâà...
