Fourth Amendment

4th Circuit upholds search of home based on one web click

A federal appeals court has upheld a home search based on a single click to a website that posts child pornography videos.

Aug 5, 2019 10:30 AM CDT

7th Circuit won’t overrule precedent barring female inmate’s challenge of strip searches as training exercise

Female prisoners in Illinois can't sue under the Fourth Amendment for being forced to show their genitals in a training exercise, a federal appeals court has ruled.

Jul 19, 2019 1:15 PM CDT

Warrant generally isn’t needed to draw blood from unconscious person suspected of DUI, says SCOTUS

U.S. Supreme Court Justice Stephen G. Breyer joined with conservatives Thursday in a decision that allows police in most circumstances to obtain a blood draw from an unconscious motorist without getting a warrant. Justice Samuel A. Alito Jr. wrote the plurality opinion, joined by Breyer, Chief Justice John G. Roberts…

Jun 27, 2019 2:58 PM CDT

Supreme Court should end nonunanimous juries, ABA argues in amicus brief

It’s time to extend the Sixth Amendment right to a unanimous jury to the states, the ABA argues in an amicus brief submitted this week to the U.S. Supreme Court.

Jun 19, 2019 2:50 PM CDT

Police who stopped fleeing black man after gun tip didn’t have reason to stop him, 9th Circuit says

Police who received a tip of a black man with a gun in a concealed-carry state did not have reasonable suspicion to stop a black man who ran from their patrol car with flashing lights, a federal appeals court has ruled.

Jun 11, 2019 6:30 AM CDT

Military prosecutor accused of tracking defense lawyers’ emails is tossed from case

A military prosecutor accused of attaching tracking software to emails sent to 13 defense lawyers and paralegals is no longer prosecuting the case of a Navy SEAL. A military judge in San Diego, Capt. Aaron Rugh, removed Cmdr. Christopher Czaplak from the case Monday, report the New York Times, the…

Jun 4, 2019 11:00 AM CDT

Spotting concealed gun isn’t reason enough for police to stop and investigate, top state court rules

The Pennsylvania Supreme Court has ruled that police violate the Fourth Amendment when they stop people simply because they are carrying concealed guns. The Friday ruling overturns a 1991 state decision.

Jun 3, 2019 1:21 PM CDT

SCOTUS to consider implied right to sue in case of Mexican boy shot and killed by US border guard

The U.S. Supreme Court agreed Tuesday to consider once again whether the family of a Mexican teen has an implied right to sue in U.S. courts for his fatal cross-border shooting by a U.S. Border Patrol agent. The high court granted cert in the case of Sergio Adrian Hernandez Guereca,…

May 28, 2019 12:22 PM CDT

Defense lawyers accuse military prosecutor of sending them emails with tracking software

A military prosecutor sent an email with tracking software to 13 lawyers and paralegals, as well as a reporter with the Navy Times, according to a motion filed last week. The motion was filed by defense lawyers for Lt. Jacob Portier, who is accused of conduct unbecoming an officer, report…

May 20, 2019 9:55 AM CDT

In first major appearance since confirmation, Kavanaugh stresses civility and independence

When U.S. Supreme Court Justice Brett M. Kavanaugh is drafting opinions and asking oral argument questions, he often asks himself, “What would Justice Kennedy do?” Kavanaugh appeared with retired Justice Anthony M. Kennedy on Monday in the new justice’s first major appearance since a confirmation battle marked by accusations of sexual assault—allegations strongly denied by Kavanaugh.

May 8, 2019 12:22 PM CDT

Longest-serving black federal judge, known for civil rights and wiretapping rulings, dies at 96

Updated: U.S. Circuit Judge Damon Keith, known for his decisions on wiretapping and civil rights, has died at age 96. The Detroit Free Press identifies Keith as “the longest-serving black judge in the nation.” The New York Times and the Detroit News also have obituaries. Keith was appointed to the…

Apr 29, 2019 10:57 AM CDT

Chalking tires constitutes unreasonable search, 6th Circuit rules

Parking enforcement officers in Saginaw, Michigan, who use chalk to mark the tires of cars to track how long they have been parked are violating the constitution, a federal appeals court ruled Monday. A three-judge panel of the 6th U.S. Circuit Court of Appeals at Cincinnati held that the practice…

Apr 23, 2019 12:17 PM CDT

Decision striking down part of sex offender law is ‘the talk of the prison,’ lawyer says

A federal judge in Chicago has found that it is unconstitutional for Illinois to hold sex offenders in prison after their release date when they are so impoverished that they can’t find a place to live that complies with state requirements. U.S. District Judge Virginia Kendall ruled Sunday, WBEZ reports.…

Apr 3, 2019 12:41 PM CDT

Supreme Court to decide whether registration check justified traffic stop

The U.S. Supreme Court agreed Monday to decide whether an officer had reasonable suspicion to pull over the driver of a truck after a registration check showed that the vehicle’s owner had a revoked driver’s license. The Kansas Supreme Court had found that the stop violated the Fourth Amendment rights…

Apr 2, 2019 11:10 AM CDT