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Fourth Amendment

Jan 10, 2018

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 lawyers in the case Tuesday. But two hours of oral arguments in two cases that [&helli[...]

Dec 7, 2017

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 searched, a federal appeals court has ruled, reviving a lawsuit against the detective that had […]

Dec 1, 2017

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 the court, these new limits could require law enforcement officials to prove more to a […]

Jul 28, 2017

A hydroponic tomato garden inspired police to raid a family’s home

The police report would claim it all kicked off at 7:38 a.m., but Bob Harte later thought it had to be earlier. His 7:20 a.m. alarm had just yanked him awake. Got to get the kids – a boy in seventh grade, a girl in kindergarten – ready for school. Then he heard, like a […]

Oct 6, 2015

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 alleging forcible ejection from the Albany City Court states a plausible claim for relief under […]

Jan 22, 2014

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 qualified immunity. The suit stems from the execution of a search warrant of the plaintiff’s […]

Nov 25, 2013

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 regard to the Fourth Amendment challenge to the New York City Police Department’s policy of […]

Aug 28, 2013

Second Circuit — Fourth Amendment: Cotzojay v. Holder

U.S. Court of Appeals for the Second Circuit Fourth Amendment Nighttime Raids — Threat of Physical Harm Cotzojay v. Holder 11-4916-ag Judges Wesley, Droney and Nathan Background: The petitioner sought review of an order of removal and dismissal of her appeal by the Board of Immigration Appeals. The petitioner had sought to suppress the government’s evidence […]

Nov 5, 2012

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 of a vehicle driven by the defendant. The court had found that the vehicle stop […]

Jan 11, 2012

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 renewed every six years. The renewal process requires the city to inspect the property. The […]

Nov 9, 2011

Court questions expectations of privacy in GPS case

In a case that had the justices questioning just how far the expectation of privacy extends in a world of ever-evolving technologies, the U.S. Supreme Court considered Tuesday whether the police’s use of a warrantless GPS tracking device on a suspect’s car violated the Fourth Amendment. There is chance that the justices could rule broadly […]

Jul 20, 2011

D.C. Circuit: Advanced imaging of airline passengers constitutional

The use of advanced imaging technology to screen airline passengers does not violate the Fourth Amendment, the D.C. Circuit has ruled. In 2010, the U.S. Transportation Security Administration began deploying advanced imaging technology ...

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