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Fourth Amendment

Apr 22, 2025

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.

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Mar 10, 2025

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.

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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