ABA Journal

Fourth Amendment

94 ABA Journal Fourth Amendment articles.

What does the original Roe v. Wade really say?

The U.S. Supreme Court appears poised to strike down Roe v. Wade, a landmark decision from 1973 that established a woman’s constitutional right to abortion. Norma McCorvey, a single, pregnant woman in Texas, brought a federal lawsuit in 1970 against district attorney Henry Wade, alleging that Texas criminal abortion statutes that originated in 1854 were unconstitutional.

Man who created fake police Facebook page can’t recover damages for his arrest, 6th Circuit says

A man who created a fake police department page on Facebook can’t obtain damages against officers who arrested him, searched his home and seized his phone and laptop, a federal appeals court has ruled.

Judges who approve no-knock warrants rarely question police requests, Washington Post probe finds

Police requests for no-knock warrants are rarely questioned by judges who are supposed to review the applications to ensure protection from unreasonable searches, according to an investigation by the Washington Post.

Deputy who witnessed ‘skivvies’-clad colleague baptize woman after traffic stop can’t escape suit, federal judge rules

A woman who claims that she allowed a “skivvies”-clad Tennessee sheriff’s deputy to baptize her based on his promise of leniency can continue to pursue her lawsuit against another deputy who witnessed the “desacralized rite,” a federal judge has ruled.

SCOTUS rules for plaintiff who sued police after prosecutors dropped resisting-arrest charge

The U.S. Supreme Court ruled 6-3 Monday that a plaintiff can pursue his Fourth Amendment lawsuit against police officers for malicious prosecution as long as his prosecution ended without a conviction.

8th Circuit refuses to toss suit over kettling said to sweep up innocent bystanders during protests

A federal appeals court has refused to toss a lawsuit by a St. Louis man who claims that police violated his constitutional rights during a protest when they boxed him and other innocent bystanders into an intersection and made mass arrests.

Chemerinsky: Justice Breyer is a model for all who sit on a judicial bench

In some of the most ideologically divided areas of law, Justice Stephen G. Breyer has been consistently and forcefully liberal. But in other areas, sometimes Breyer was with the conservatives, even as the decisive vote.

Officer who shot service dogs not entitled to qualified immunity, 8th Circuit says

A federal appeals court ruled Monday that a Minneapolis police officer was not entitled to qualified immunity in a lawsuit alleging that his shooting of two service dogs violated the constitutional rights of their owners.

2nd Circuit upholds temporary seizure of guns from people taken to mental health facilities

A federal appeals court has upheld a police policy to temporarily seize guns from people transported for a mental health evaluation following a domestic incident.

Supreme Court will decide whether innkeeper can sue border agent for First Amendment damages

The U.S. Supreme Court agreed Friday to decide whether the owner of a bed and breakfast establishment called the Smugglers Inn can sue a border patrol agent for damages under the First and Fourth Amendments.

How SCOTUS enabled police abuses of civil rights⁠—and what we can do about it

Much has been said about police officers and departments who violate civil rights or enforce the law in discriminatory ways. But not as much attention has been paid to the ways in which the U.S. Supreme Court has enabled police excesses and insulated police from civil or criminal responsibility, says Erwin Chemerinsky, the dean of the University of California at Berkeley School of Law and author of the new book Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights.

Cop who arrested man for vulgar bumper sticker is entitled to qualified immunity, federal judge rules

A federal judge in Jacksonville, Florida, has ruled that a police officer is entitled to qualified immunity for arresting a man for his “I Eat A- -” bumper sticker because the phrase is arguably obscene.

Pot smell didn’t provide probable cause for juvenile’s arrest, top state court says

The Delaware Supreme Court has ruled that marijuana and cocaine seized after police arrested a juvenile should be suppressed because the pot smell emanating from the vehicle in which she was a passenger didn’t provide probable cause for her arrest.

Should federal officers get immunity for lies and beatings? SCOTUS is asked to decide

Three cert petitions ask the U.S. Supreme Court to rule that federal law enforcement officers and those who serve with them on joint task forces were not entitled to absolute immunity for violating constitutional rights of three people.

Cops’ use of pole camera to surveil partly fenced property was unconstitutional, state supreme court rules

Police officers in Colorado Springs, Colorado, violated the Fourth Amendment rights of a drug suspect when they erected a pole camera to record video of his partly fenced property for three months without obtaining a warrant, the Colorado Supreme Court has ruled.

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