Fourth Amendment

120 ABA Journal Fourth Amendment articles.

Louisiana man’s jokes about sheriff’s department are protected free speech, 5th Circuit says

A federal appeals court has ruled in favor of a Louisiana man who was arrested after posting on Facebook that a local sheriff’s department had ordered its deputies to shoot people who were infected with COVID-19.

Aug 28, 2023 11:43 AM CDT

Lawyer’s quest for warrant requirement for border cellphone searches rebuffed by 5th Circuit

The U.S. Department of Homeland Security did not violate a lawyer’s constitutional rights when it seized his phone as he entered the United States, sent it to a forensics lab to bypass his passcode, and obtained its data after using a “filter team” to protect privileged material, a federal appeals court ruled Tuesday.

Aug 17, 2023 11:07 AM CDT

Lawyer who challenged border cellphone searches isn’t entitled to injunction, 5th Circuit says

A Texas immigration lawyer whose cellphone was searched at least five times when he entered the United States isn’t entitled to a preliminary injunction preventing such searches without a warrant, a federal appeals court has ruled.

Jun 22, 2023 9:18 AM CDT

Weekly Briefs: ‘Zero matrimonial knowledge’ judge gets reprimand; judge adopts AI policy

Judge sanctioned after disclaiming family law knowledge

The New Jersey Supreme Court publicly reprimanded Judge Michael J. Kassel of the Camden County Superior Court in New Jersey on Wednesday Jun 2, 2023 3:16 PM CDT

Confiscation of man’s ‘Cops Ahead’ signs violated First Amendment rights, appeals court says

A police officer’s confiscation of two signs reading “Cops Ahead” violated the First Amendment rights of the man who was holding them, a federal appeals court has ruled.

Mar 2, 2023 1:32 PM CST

Passenger had First Amendment right to livestream traffic stop, but officer is protected, 4th Circuit rules

A federal appeals court ruled Tuesday that a car passenger had a First Amendment right to livestream a traffic stop in in Winterville, North Carolina.

Feb 9, 2023 10:51 AM CST

Six-week abortion ban violates right to privacy, South Carolina Supreme Court rules

The South Carolina Supreme Court on Thursday struck down the state’s ban on abortions after about six weeks of pregnancy.

Jan 5, 2023 3:27 PM CST

Federal appeals court considers whether driver has right to livestream traffic stop on Facebook

A federal appeals court is considering whether a Black man who says he broadcasts his interactions with police for his protection had the right to livestream a traffic stop on Facebook.

Dec 6, 2022 9:26 AM CST

2 Trump appointees battle as 9th Circuit upholds chalking tires; dissent accused of analysis by ‘hyperbole’

Two judges appointed by former President Donald Trump sparred Wednesday on whether a city violates the Fourth Amendment by chalking tires without a warrant to enforce parking time limits.

Oct 27, 2022 1:05 PM CDT

Claiming to have 4.3 trillion readers, the Onion supports parodist and its writers’ paychecks in SCOTUS brief

Updated: The satirical website the Onion deems itself to be “the single most powerful and influential organization in human history” in an amicus brief urging the U.S. Supreme Court to hear the case of an Ohio man who was prosecuted for creating a parody Facebook page for the local police department.

Oct 4, 2022 12:03 PM CDT

Court can’t compel examination of juror’s electronic devices to look for misconduct, 6th Circuit rules

A federal appeals court has ruled that a district court has no power to order an examination of a juror’s electronic devices to determine whether an outside influence affected the verdict.

Sep 27, 2022 1:09 PM CDT

Strip search by transgender guard violated inmate’s religious rights, 7th Circuit says

A federal appeals court ruled Friday for a Muslim inmate in Wisconsin who claimed that his religious rights were violated by strip searches conducted by a transgender prison guard.

Sep 21, 2022 3:42 PM CDT

Suit filed on behalf of migrants flown to Martha’s Vineyard alleges these constitutional, legal violations

A class action lawsuit filed Tuesday on behalf of at least 50 asylum-seekers alleges that their flight from Texas to Martha’s Vineyard in Massachusetts violated constitutional protections, federal statutes and tort law.

Sep 21, 2022 10:22 AM CDT

Unclean hands and executive-privilege scope debated after judge requires special master in Trump case

Updated: Legal experts are expressing surprise about two aspects of U.S. District Judge Aileen M. Cannon’s decision to appoint a special master to review documents seized from former President Donald Trump’s Mar-a-Lago home.

Sep 6, 2022 12:35 PM CDT

Trump search-warrant affidavit, released on judge’s orders, cites sensitive documents, possible obstruction

Updated: Federal agents sought to search former President Donald Trump’s Mar-a-Lago home in Palm Beach, Florida, after he turned over 15 boxes of documents in January that included “highly classified documents intermingled with other records,” according to a redacted affidavit released Friday based on a judge’s orders.

Aug 26, 2022 12:35 PM CDT

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