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Tag Archives: Fourth Amendment

Fourth Amendment scrutinized before high court

WASHINGTON – As the Supreme Court once again delved into the meaning of the Constitution’s prohibition against unreasonable searches and seizures by government officials, Justice Stephen Breyer was characteristically optimistic. “I’m looking for something simple,” he told one of the ...

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Detective violated law when searching teen in ‘sexting’ case, federal appeals court rules

The teenaged “sexting” case that attracted national attention in 2014 is now enshrined in federal case law. A police detective who obtained two search warrants to photograph a teenager’s genitalia violated the teen’s Fourth Amendment right not to be unreasonably ...

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Justices seem open to more restraints on government access to digital data

WASHINGTON – A majority of Supreme Court justices seemed to agree Wednesday that the abundance of private information available about Americans in the digital age might require new restraints on government’s ability to access it. In the specific case before ...

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Second Circuit – Fourth Amendment: Salmon v. Blesser

U.S. Court of Appeals for the Second Circuit Fourth Amendment Seizure – Court Ordered Removal Salmon v. Blesser 14-1993-cv Judges Jacobs, Raggi and Lynch Background: At issue is the dismissal of the plaintiff’s complaint. The plaintiff argued that his complaint ...

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Second Circuit — Fourth Amendment: McColley v. County of Rensselaer

U.S. Court of Appeals for the Second Circuit Fourth Amendment Probable Cause — False Statement McColley v. County of Rensselaer 12-2220-cv Judges Calabresi, Pooler and Raggi Background: The defendants appealed from a judgment denying summary judgment on their claim of ...

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Second Circuit — Fourth Amendment: Lunch v. City of New York

U.S. Court of Appeals for the Second Circuit Fourth Amendment Special Needs Doctrine — Breathalyzer Lunch v. City of New York 12-3089-cv Judges Raggi, Straub and Cogan Background: The plaintiffs appealed from summary judgment in favor of the defendants with ...

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Second Circuit — Fourth Amendment: United States v. Wilson

U.S. Court of Appeals for the Second Circuit Fourth Amendment Exercising Customs Authority United States v. Wilson 11-915 Judges Jacobs, Calabresi and Pooler Background: The U.S. appealed from an order that suppressed evidence found following the stop and subsequent search ...

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Fourth Department — Property Inspection Warrants: Cermak v. City of Rochester

Appellate Division, Fourth Department Property Inspection Warrants Pre-emption — Fourth Amendment Cermak v. City of Rochester CA 11-00089 Appealed from Supreme Court, Monroe County Background: The city requires that rental properties have a valid certificate of occupancy, which must be ...

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