Fourth Amendment

29 ABA Journal Fourth Amendment articles.

Supreme Court bars damages suit for border agent’s cross-border shooting that killed Mexican teen

The U.S. Supreme Court ruled Tuesday that the family of a Mexican teen fatally shot by a U.S. Border Patrol agent can’t sue for damages over the cross-border shooting.

Feb 25, 2020 12:01 PM CST

Cop who left incoherent man at county border isn’t liable for death, 5th Circuit says in substitute opinion

The Louisiana-based 5th U.S. Circuit Court of Appeals has withdrawn a July opinion finding a Mississippi sheriffs' deputy could be liable for dropping a mentally disabled man at the county border, where he was later struck and killed by a car.

Feb 24, 2020 11:50 AM CST

State supreme court rules for man charged with theft for removing GPS planted on his car by cops

The Indiana Supreme Court ruled Thursday for an Indiana man who was charged with theft for allegedly removing a GPS tracking device from his vehicle that had been planted there by officers.

Feb 21, 2020 10:40 AM CST

5th Circuit withdraws opinion in which Trump appointee criticized lawyer for appeal to gay bias

An appeals court has withdrawn an opinion in which a Trump judicial appointee added a footnote criticizing a Mississippi lawyer for appearing to appeal to gay prejudice.

Feb 20, 2020 9:56 AM CST

Trump judicial appointee’s footnote gets noticed for his stand against homophobic arguments

A Trump judicial appointee on the 5th U.S. Circuit Court of Appeals at New Orleans is getting noticed for a footnote in which he took a stand against homophobic legal arguments.

Feb 10, 2020 1:12 PM CST

Lawyer once charged with murder conspiracy sues for use of ‘habitual liar’ informant

A North Dakota lawyer who was once charged with murder conspiracy filed a federal lawsuit Wednesday that claims that the prosecutor and law enforcement agents relied on an unreliable confidential informant who was a “habitual liar.”

Jan 30, 2020 12:15 PM CST

Defendant challenges ‘classic dragnet search’ for Google cellphone data within robbery radius

A bank robbery defendant who was arrested based on Google location data is seeking to suppress the evidence under a challenge to the broad warrant that authorized the disclosure.

Jan 24, 2020 10:23 AM CST

Top St. Louis prosecutor files suit alleging racially motivated conspiracy to obstruct her equal-justice efforts

St. Louis Circuit Attorney Kim Gardner filed a federal lawsuit Monday alleging the city and the police union are engaged in a racially motivated conspiracy to deny civil rights by obstructing her efforts to ensure equal justice under the law.

Jan 14, 2020 3:03 PM CST

Judge rules border agents need reasonable suspicion to search electronic devices

A federal judge in Boston ruled Tuesday that border agents violate the Fourth Amendment when they search electronic devices at ports of entry without a reasonable suspicion.

Nov 13, 2019 11:58 AM CST

Afternoon Briefs: Jurors award $8B in Rispderdal case; most minority partners have nonequity status

Jurors award $8B in punitive damages in Risperdal case

Jurors in Philadelphia found Johnson & Johnson liable for $8 billion in punitive damages Tuesday in a case brought by a…

Oct 9, 2019 4:48 PM CDT

Law student among plaintiffs challenging state law requiring couples getting married to identify race

A law student at Washington and Lee University who is planning an October wedding is challenging a Virginia law that requires couples getting married to list their race.

Sep 9, 2019 2:33 PM CDT

11 landmark SCOTUS cases that changed American education (gallery)

With school finally back in full swing across the country, it’s a great time for a history lesson in American education.

Landmark U.S. Supreme Court cases such as Brown v.…

Sep 5, 2019 1:00 PM CDT

After decriminalization, pot smell and joint didn’t justify search, court says; hemp laws also raise issues

Changing marijuana laws may be destroying probable cause that police officers use to justify some kinds of searches.

The latest evidence is an Aug. 12 decision by Maryland’s top…

Aug 14, 2019 1:46 PM CDT

New hemp laws leave police and prosecutors dazed and confused

Some prosecutors in states with new laws legalizing hemp are reluctant to bring charges for marijuana possession because of lab tests that can’t distinguish the two substances.

Reluctant prosecutors have…

Aug 9, 2019 11:31 AM CDT

Handcuffing of second grader didn’t violate his constitutional rights, 8th Circuit says

A 7-year-old elementary school student who was handcuffed by a police officer for 20 minutes can’t sue because there was no violation of his constitutional rights, a federal appeals court has ruled.

Aug 5, 2019 11:31 AM CDT

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