ABA Journal

Fourth Amendment

70 ABA Journal Fourth Amendment articles.

Citing First Amendment, 4th Circuit reverses conviction for retired Air Force officer’s use of N-word

A federal appeals court has reversed the conviction of a white retired Air Force lieutenant colonel who used the N-word while complaining about a Black store employee who asked whether he needed any help.

SCOTUS should hear case in which shackled defendant reenacted murder, with no defense objection, Sotomayor says

U.S. Supreme Court Justice Sonia Sotomayor dissented Monday when the high court refused to hear a case in which a shackled defendant reenacted a murder during his sentencing, with no objection from his defense lawyer.

Afternoon Briefs: Defamation suit against Trump proceeds; 4th Circuit upholds terrorist watch list

Trump has to face defamation suit

Donald Trump has lost his bid to delay a defamation suit that was based on his status as president. The New York Court of…

Roberts, Kavanaugh join with liberal justices to rule for woman shot by police while fleeing

A woman who continued to flee after being shot by police has the same Fourth Amendment rights against unreasonable seizure as a person who is detained, the U.S. Supreme Court ruled Thursday.

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.

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