ABA Journal

Fourth Amendment

76 ABA Journal Fourth Amendment articles.

Lawyer’s suit claims raid was retaliation for successful defense; city sees allegations as baseless

The city of Roanoke, Virginia, is seeking to dismiss a lawsuit filed by a lawyer who claims that police raided her home in retaliation for successfully defending her stepson on murder charges.

Chemerinsky: Supreme Court looks to common law for guidance in Fourth Amendment cases

The Supreme Court decided three cases concerning the Fourth Amendment during the October 2020 term. They shared several characteristics.

Spy plane surveillance violates Fourth Amendment, en banc appeals court rules

An en banc federal appeals court ruled 8-7 on Thursday that a warrantless aerial surveillance program run by the Baltimore Police Department violated the Fourth Amendment.

3 newest justices join Supreme Court liberals in decision for fleeing misdemeanor suspect

The U.S. Supreme Court ruled Wednesday that police officers who are pursuing a misdemeanor suspect aren’t necessarily entitled to enter a home without a warrant.

Afternoon Briefs: Controversial remarks by ‘QAnon shaman’ lawyer; progressive district attorney wins primary

Lawyer for ‘QAnon shaman’ says rioters are ‘short-bus people’

Albert Watkins, the lawyer for the accused U.S. Capitol Hill rioter known as the “QAnon Shaman,” told Talking Points Memo…

SCOTUS rules against warrantless seizure of guns while man is in hospital for suicide evaluation

In a unanimous opinion Monday, the U.S. Supreme Court ruled against police who seized a man’s guns without a warrant while he was in the hospital for a suicide evaluation.

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.

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