Fourth Amendment

66 ABA Journal Fourth Amendment articles.

Supreme Court considers warrantless search-and-seizure case from California

The case involves a police officer who entered a man’s garage without a warrant and questioned him after pursuing his vehicle because he heard erratic horn-lowing and loud music coming from the car.

Advanced border searches of electronic devices don’t require probable cause, 1st Circuit rules
A federal appeals court has upheld government policies that allow basic searches of electronic devices at the border without reasonable suspicion and advanced searches only with reasonable suspicion.
Police demand for ID required valid investigative stop, 4th Circuit rules in partial win for Black motorist
Police officers who arrested a Black man after he refused to identify himself violated his Fourth Amendment rights. But they have qualified immunity because they relied on a county ordinance that made it a crime to refuse to provide an ID to officers, a federal appeals court has ruled.
Immigration lawyer sues over seizure of his cellphone at airport
Texas immigration lawyer Adam A. Malik has sued the U.S. Department of Homeland Security for seizing and retaining his iPhone when he returned to the United States from a trip to Costa Rica.
New York attorney general sues over NYPD’s alleged use of ‘excessive force’ against protesters
New York Attorney General Letitia James filed a lawsuit Thursday alleging that the New York City Police Department used "excessive force" against peaceful racial justice protesters last year.
Lawyer is awarded $1 in attorney fees, matching jury award in case of snatched pen
Civil rights lawyer Jeffrey Rothman’s lawsuit against the city of New York and two police officers wasn’t a total loss.
Law enforcement is using location tracking on mobile devices to identify suspects, but is it unconstitutional?

The use of reverse location warrants with Google and other companies tracking location data has exploded since that type of warrant first was used by federal authorities in 2016. As the use of geofence warrants has grown, so have controversies surrounding them.

SCOTUS will consider constitutionality of home search during gun owner’s hospital visit
The U.S. Supreme Court on Friday agreed to decide whether a police search of a gun owner’s home while he was in the hospital for a suicide evaluation was justified under an exception to the Fourth Amendment.
Supreme Court will decide whether officer can enter garage after pursuit of misdemeanor suspect
The U.S. Supreme Court on Monday agreed to decide whether an officer can enter a garage without a warrant when in pursuit of a misdemeanor suspect.
Barrett says she doesn’t see Roe v. Wade as ‘super precedent’
Judge Amy Coney Barrett, the U.S. Supreme Court nominee, has acknowledged that seven cases are “super precedent,” but Roe v. Wade isn’t one of them.
Judge tosses suit alleging racially motivated conspiracy to oust reform-minded prosecutor
A federal judge has tossed a lawsuit by St. Louis Circuit Attorney Kim Gardner that alleged that the city and police union sought to engineer her ouster and took part in a racially motivated conspiracy to interfere with her reform efforts.
Lawyer who says courthouse security guard tackled him and dragged him outside can sue, judge decides
A federal judge has refused to toss a suit by a lawyer who says he was tackled by a security guard at a courthouse in Lowndes County, Mississippi, in a dispute over the need to go through the metal detector.
Afternoon Briefs: Judge blocks postal changes; bedroom backdrop for SCOTUS justice’s Constitution Day remarks

Federal judge blocks US Postal Service changes

Ruling from the bench Thursday, U.S. District Judge Stanley Bastian of Yakima, Washington, blocked U.S. Postal Service changes that slowed mail delivery. Ruling…

9th Circuit says surveillance program exposed by Snowden was illegal but upholds convictions
A federal appeals court said Wednesday the massive phone data collection program revealed by whistleblower Edward Snowden, who copied and leaked classified information from the National Security Agency in 2013 when he was a CIA employee and subcontractor, violated federal law and possibly the Fourth Amendment.
Afternoon Briefs: State justice contracts COVID-19; $50M verdict upheld for man kept in police storage room

Longtime North Dakota Supreme Court justice tests positive for COVID-19

North Dakota Supreme Court Justice Gerald VandeWalle, who is 86 and the longest-serving justice on the state’s high court, has…

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