ABA Journal

Fourth Amendment

109 ABA Journal Fourth Amendment articles.

Strip search by transgender guard violated inmate’s religious rights, 7th Circuit says

A federal appeals court ruled Friday for a Muslim inmate in Wisconsin who claimed that his religious rights were violated by strip searches conducted by a transgender prison guard.

Suit filed on behalf of migrants flown to Martha’s Vineyard alleges these constitutional, legal violations

A class action lawsuit filed Tuesday on behalf of at least 50 asylum-seekers alleges that their flight from Texas to Martha’s Vineyard in Massachusetts violated constitutional protections, federal statutes and tort law.

Unclean hands and executive-privilege scope debated after judge requires special master in Trump case

Updated: Legal experts are expressing surprise about two aspects of U.S. District Judge Aileen M. Cannon’s decision to appoint a special master to review documents seized from former President Donald Trump’s Mar-a-Lago home.

Trump search-warrant affidavit, released on judge’s orders, cites sensitive documents, possible obstruction

Updated: Federal agents sought to search former President Donald Trump’s Mar-a-Lago home in Palm Beach, Florida, after he turned over 15 boxes of documents in January that included “highly classified documents intermingled with other records,” according to a redacted affidavit released Friday based on a judge’s orders.

University that scanned student’s room during remote test violated Fourth Amendment, judge rules

Cleveland State University violated the Fourth Amendment when its proctor ordered a scan of a student’s bedroom during a remote chemistry exam, a federal judge has ruled.

Trump requests special master for review of documents seized by FBI

Former President Donald Trump has asked a federal court to temporarily prevent the FBI from reviewing items it seized from his Mar-a-Lago home in Palm Beach, Florida, until a special master can be appointed in the case.

WikiLeaks founder’s lawyers allege CIA authorized spying on their visits

Lawyers for WikiLeaks founder Julian Assange are suing the CIA and former CIA director Mike Pompeo for allegedly recording their conversations and copying data from their electronic devices.

Chalking tires is unconstitutional, federal judge rules, but plaintiffs won’t get traffic-ticket refunds as damages

The practice of chalking tires to track how long cars are parked in the city of Saginaw, Michigan, is an unconstitutional search under the Fourth Amendment, a federal judge ruled Monday.

Federal judge tosses lawyer’s suit over cellphone border search

A federal judge in Texas has ruled against an immigration lawyer who contended that the government violated his constitutional rights when it seized his cellphone at the border.

After collaborating with bestselling author, judge discusses new solo book

After several collaborations with bestselling author James Patterson, Judge David Ellis of Illinois, a prolific novelist, decided to go it alone for his latest book, Look Closer.

The modern US Border Patrol is a national police force with dangerous capabilities, author warns

In Nobody is Protected: How the Border Patrol Became the Most Dangerous Police Force in the United States, geographer Reece Jones argues that Supreme Court precedent, a growing workforce and mission creep have made the U.S. Border Patrol a national police force that operates without appropriate accountability.

Teen charged in deadly fire challenges police use of Google searches to find suspects

Lawyers for a Denver teenager charged in an arson fire that killed five people contend that police unconstitutionally used Google’s database of keyword searches to find suspects.

Federal appeals court tosses injured lawyer’s Fourth Amendment claim against ICE agent

An agent with U.S. Immigration and Customs Enforcement has qualified immunity from a Fourth Amendment claim in a lawsuit filed by an injured lawyer, a federal appeals court has ruled.

Are driverless car searches constitutional?

Whether we like it or not, automated, driverless vehicles are quickly becoming a reality and a norm in our society. Along with all the benefits the technology and associated services provide, there are also detriments—for civilians and law enforcement alike.

Supreme Court protects Border Patrol agents from constitutional claims; dissent hits ‘drive-by’ immunity

The U.S. Supreme Court on Wednesday ruled against the owner of the “aptly named” Smuggler’s Inn in his quest to sue a Border Patrol agent for allegedly roughing him up and then retaliating against him for reporting the incident.

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