Fourth Amendment

59 ABA Journal Fourth Amendment articles.

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…

Lawsuit allowed against officer accused of holding woman down with his knees
A federal appeals court has allowed a lawsuit against a police officer accused of throwing a handcuffed woman facedown on the grass and crushing her back with his knees.
Excessive force case tests fleeing felon defense for cops
An excessive force lawsuit filed against police officers in Rifle, Colorado, tests the contours of the so-called fleeing felon defense.
US brief opposes lawyer who objected to border searches of his cellphone
The federal government is opposing a Texas immigration lawyer’s request for an injunction to prevent warrantless border searches of his electronic devices.
Oregon sues US agencies over protest arrests; what gave feds authority to intervene?
Oregon Attorney General Ellen Rosenblum alleged in a lawsuit Friday that federal agencies dispatched to Portland, Oregon, demonstrations are violating protesters’ constitutional rights.
4th Circuit spars over predictive policing; dissenter criticized for writing ‘with a smooth pen and a tin ear’
An appellate judge's dissent extolling predictive policing in high-crime areas led to pushback from several judges, including one who complained the policing method "is little more than racial profiling writ large."
Afternoon Briefs: California law schools announce fall online classes; law protects monuments, state AG says

2 California law schools announce plans for fall online classes

Because of COVID-19 concerns, fall 2020 classes will be online at the University of California at Irvine School of Law…

Supreme Court rejects cases on qualified immunity used to shield police officers
The U.S. Supreme Court refused Monday to hear several cases challenging the doctrine of qualified immunity, which often shields police officers accused of misconduct.

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