NY appeals court reinstates DWI charge
A New York appeals court has reversed a lower court ruling to suppress evidence and reinstated a drunk driving charge.
Second Circuit affirms conviction with Fourth Amendment issue
A federal appeals court has affirmed drug convictions in a case involving an issue never before decided by the court.
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Case Digests
- Fourth Department – Collateral estoppel: Busch v. County of Erie, et al.
- Court of Appeals – Best evidence rule: People v. Coggins
- Fourth Department – Unlawful inventory search: People v. Boatwright
- Second Circuit – Fossil-fuel powered appliances: Assoc. of Contracting Plumbers v. CNY; Mulhem Gas Co., v. Mosley
- Fourth Department – Dismissal of the indictment: People v. Anderson
- Fourth Department – Municipal liability: Battey v. Village of Youngstown
- Fourth Department – Notice of claim: Cindy W. v. Waterloo Central School Dist.
- Court of Appeals – Hateful Conduct Law: Volokh, et al. v. James
- Second Circuit – Free Exercise: Miller v. McDonald
- Court of Appeals – Recording police activity: Reyes v. City of New York
- Second Circuit – Tax liens and levies: Besicorp v. Commissioner of Internal Revenue
Law News
- Genesee Valley Club to pay $1.05M to settle federal case
- Major Rochester-area auto dealer accused of fraud in federal loan program
- Rochester attorney Donald O. Chesworth Jr. has died
- Split NY appeals court affirms conviction in kidnapping of daughter
- Greece man accused of stealing from class-action settlement funds
- NY AG investigating Schuyler County death involving DOCCS officer
- Rochester man files suit over ‘warning notice’ from ICE
- Lawsuit dismissed in Rochester police chase car crash







