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 ...

Tagged with: Fourth Amendment supreme court of the united states

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 ...

Tagged with: 4th Circuit Fourth Amendment sexting Trey Sims

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 ...

Tagged with: Carpenter v. U.S. Fourth Amendment Smith v. Maryland supreme court of the united states

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 ...

Tagged with: Fourth Amendment marijuana

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 ...

Tagged with: Fourth Amendment u.s. court of appeals for the second circuit

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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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 ...

Tagged with: Fourth Amendment u.s. court of appeals for the second circuit

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 ...

Tagged with: Fourth Amendment u.s. court of appeals for the second circuit

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 ...

Tagged with: Fourth Amendment u.s. court of appeals for the second circuit

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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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 ...

Tagged with: Fourth Amendment GPS privacy U.S. supreme court

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 ...

Tagged with: Fourth Amendment TSA