Fourth Amendment

23 ABA Journal Fourth Amendment articles.

Defendant challenges ‘classic dragnet search’ for Google cellphone data within robbery radius
A bank robbery defendant who was arrested based on Google location data is seeking to suppress the evidence under a challenge to the broad warrant that authorized the disclosure.
Top St. Louis prosecutor files suit alleging racially motivated conspiracy to obstruct her equal-justice efforts
St. Louis Circuit Attorney Kim Gardner filed a federal lawsuit Monday alleging the city and the police union are engaged in a racially motivated conspiracy to deny civil rights by obstructing her efforts to ensure equal justice under the law.
Judge rules border agents need reasonable suspicion to search electronic devices
A federal judge in Boston ruled Tuesday that border agents violate the Fourth Amendment when they search electronic devices at ports of entry without a reasonable suspicion.
Afternoon Briefs: Jurors award $8B in Rispderdal case; most minority partners have nonequity status

Jurors award $8B in punitive damages in Risperdal case

Jurors in Philadelphia found Johnson & Johnson liable for $8 billion in punitive damages Tuesday in a case brought by a…

Law student among plaintiffs challenging state law requiring couples getting married to identify race
A law student at Washington and Lee University who is planning an October wedding is challenging a Virginia law that requires couples getting married to list their race.
11 landmark SCOTUS cases that changed American education (gallery)

With school finally back in full swing across the country, it’s a great time for a history lesson in American education.

Landmark U.S. Supreme Court cases such as Brown v.…

After decriminalization, pot smell and joint didn’t justify search, court says; hemp laws also raise issues

Changing marijuana laws may be destroying probable cause that police officers use to justify some kinds of searches.

The latest evidence is an Aug. 12 decision by Maryland’s top…

New hemp laws leave police and prosecutors dazed and confused

Some prosecutors in states with new laws legalizing hemp are reluctant to bring charges for marijuana possession because of lab tests that can’t distinguish the two substances.

Reluctant prosecutors have…

Handcuffing of second grader didn’t violate his constitutional rights, 8th Circuit says
A 7-year-old elementary school student who was handcuffed by a police officer for 20 minutes can’t sue because there was no violation of his constitutional rights, a federal appeals court has ruled.
4th Circuit upholds search of home based on one web click
A federal appeals court has upheld a home search based on a single click to a website that posts child pornography videos.
7th Circuit won’t overrule precedent barring female inmate’s challenge of strip searches as training exercise
Female prisoners in Illinois can't sue under the Fourth Amendment for being forced to show their genitals in a training exercise, a federal appeals court has ruled.
Warrant generally isn’t needed to draw blood from unconscious person suspected of DUI, says SCOTUS

U.S. Supreme Court Justice Stephen G. Breyer joined with conservatives Thursday in a decision that allows police in most circumstances to obtain a blood draw from an unconscious motorist without…

Supreme Court should end nonunanimous juries, ABA argues in amicus brief
It’s time to extend the Sixth Amendment right to a unanimous jury to the states, the ABA argues in an amicus brief submitted this week to the U.S. Supreme Court.
Police who stopped fleeing black man after gun tip didn’t have reason to stop him, 9th Circuit says
Police who received a tip of a black man with a gun in a concealed-carry state did not have reasonable suspicion to stop a black man who ran from their patrol car with flashing lights, a federal appeals court has ruled.
Military prosecutor accused of tracking defense lawyers’ emails is tossed from case

A military prosecutor accused of attaching tracking software to emails sent to 13 defense lawyers and paralegals is no longer prosecuting the case of a Navy SEAL.

A military judge…

Read more ...




Web First
What you need to know about virtual and chatbot assistants for lawyers
Original reporting ...
Topics: Career & Practice
Afternoon Briefs: Judge and civil rights lawyer dies at 93; lawyer reminds court of Super Bowl continuance promise
Complete list of topics ...


Your Voice
Why you should insist on diversity in your law practice
Articles and commentary ...
Podcasts
Getting real: What happens when clients go on reality TV
More podcasts ...