Fourth Amendment

Chemerinsky: The Supreme Court has done a poor job protecting against police abuse of power and racism

Following the death of George Floyd, the nation focused attention on the enormous problems of police violence and racism in law enforcement, but there is a failure to put blame where much belongs: on the United States Supreme Court.

Sep 2, 2021 8:58 AM CDT

Is chalking tires a Fourth Amendment violation? Exception doesn’t protect city, 6th Circuit says

The city of Saginaw, Michigan, can’t cite an administrative search exception to the Fourth Amendment's warrant requirement to justify chalking tires, a federal appeals court has ruled.

Aug 26, 2021 1:48 PM CDT

En banc 2nd Circuit upholds pat-down search; five judges call for reevaluation of traffic-stop precedent

An en banc federal appeals court has upheld the pat-down search of a man during a traffic stop in a case that drew amicus briefs from several organizations that argued against the government’s position in the case. The appeals court majority ruled Monday that the February 2016 pat down of…

Aug 17, 2021 2:50 PM CDT

Lawyer’s suit claims raid was retaliation for successful defense; city sees allegations as baseless

The city of Roanoke, Virginia, is seeking to dismiss a lawsuit filed by a lawyer who claims that police raided her home in retaliation for successfully defending her stepson on murder charges.

Jul 28, 2021 9:36 AM CDT

Chemerinsky: Supreme Court looks to common law for guidance in Fourth Amendment cases

The Supreme Court decided three cases concerning the Fourth Amendment during the October 2020 term. They shared several characteristics.

Jul 6, 2021 9:07 AM CDT

Spy plane surveillance violates Fourth Amendment, en banc appeals court rules

An en banc federal appeals court ruled 8-7 on Thursday that a warrantless aerial surveillance program run by the Baltimore Police Department violated the Fourth Amendment.

Jun 24, 2021 3:08 PM CDT

3 newest justices join Supreme Court liberals in decision for fleeing misdemeanor suspect

The U.S. Supreme Court ruled Wednesday that police officers who are pursuing a misdemeanor suspect aren’t necessarily entitled to enter a home without a warrant.

Jun 23, 2021 9:53 AM CDT

Afternoon Briefs: Controversial remarks by ‘QAnon shaman’ lawyer; progressive district attorney wins primary

Lawyer for ‘QAnon shaman’ says rioters are ‘short-bus people’ Albert Watkins, the lawyer for the accused U.S. Capitol Hill rioter known as the “QAnon Shaman,” told Talking Points Memo that a lot of the rioting defendants are “short-bus people.” Watkins said the defendants are people with “brain damage, they’re f-…

May 19, 2021 4:19 PM CDT

SCOTUS rules against warrantless seizure of guns while man is in hospital for suicide evaluation

In a unanimous opinion Monday, the U.S. Supreme Court ruled against police who seized a man’s guns without a warrant while he was in the hospital for a suicide evaluation.

May 17, 2021 11:01 AM CDT

Citing First Amendment, 4th Circuit reverses conviction for retired Air Force officer’s use of N-word

A federal appeals court has reversed the conviction of a white retired Air Force lieutenant colonel who used the N-word while complaining about a Black store employee who asked whether he needed any help.

May 12, 2021 10:33 AM CDT

SCOTUS should hear case in which shackled defendant reenacted murder, with no defense objection, Sotomayor says

U.S. Supreme Court Justice Sonia Sotomayor dissented Monday when the high court refused to hear a case in which a shackled defendant reenacted a murder during his sentencing, with no objection from his defense lawyer.

Apr 20, 2021 10:20 AM CDT

Afternoon Briefs: Defamation suit against Trump proceeds; 4th Circuit upholds terrorist watch list

Trump has to face defamation suit Donald Trump has lost his bid to delay a defamation suit that was based on his status as president. The New York Court of Appeals agreed to dismiss Trump’s appeal on Tuesday, arguing that the issues in the suit by a former Apprentice contestant…

Mar 31, 2021 4:45 PM CDT

Chemerinsky: The Supreme Court has done a poor job protecting against police abuse of power and racism

Is chalking tires a Fourth Amendment violation? Exception doesn’t protect city, 6th Circuit says

En banc 2nd Circuit upholds pat-down search; five judges call for reevaluation of traffic-stop precedent

Lawyer’s suit claims raid was retaliation for successful defense; city sees allegations as baseless

Chemerinsky: Supreme Court looks to common law for guidance in Fourth Amendment cases

Spy plane surveillance violates Fourth Amendment, en banc appeals court rules

3 newest justices join Supreme Court liberals in decision for fleeing misdemeanor suspect

Afternoon Briefs: Controversial remarks by ‘QAnon shaman’ lawyer; progressive district attorney wins primary

SCOTUS rules against warrantless seizure of guns while man is in hospital for suicide evaluation

Citing First Amendment, 4th Circuit reverses conviction for retired Air Force officer’s use of N-word

SCOTUS should hear case in which shackled defendant reenacted murder, with no defense objection, Sotomayor says

Afternoon Briefs: Defamation suit against Trump proceeds; 4th Circuit upholds terrorist watch list

Roberts, Kavanaugh join with liberal justices to rule for woman shot by police while fleeing

Supreme Court considers warrantless search-and-seizure case from California

Advanced border searches of electronic devices don’t require probable cause, 1st Circuit rules

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