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March 12, 2026 | SCOTUS Rejects Delaware Affidavit of Merit Requirement
Tag: Fourth Amendment
Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent
In Egbert v. Boule, 596 U.S. ____ (2022), the U.S. Supreme Court held that the authority of a court to imply a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), does not extend to either a ...
SCOTUS Rules Acquittal Not Required to Bring Malicious Prosecution Claim
In Thompson v. Clark, 596 U.S. ____ (2022), the U.S. Supreme Court held that to demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under 42 U.S.C. §1983 for malicious prosecution, a plaintiff ne...
Court Upholds Warrantless Blood Test in Mitchell v Wisconsin
In Mitchell v Wisconsin, 588 U. S. ____ (2019), the U.S. Supreme Court held that the exigent-circumstances exception to the Fourth Amendment’s warrant requirement nearly always allows a blood test without first obtaining a warrant when a breath te...
Sause v Bauer Addresses Right to Pray
In Sause v Bauer, 585 U.S. ____ (2018), the U.S. Supreme Court concluded that it needs more facts before deciding whether police officers violated the constitutional rights of a woman who they allegedly told to stop praying. In their unanimous per cu...
SCOTUS Broadly Interprets Fourth Amendment in Byrd v United States
In Byrd v United States, 584 U. S. ____ (2018), the U.S. Supreme Court held that the mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat their otherwise reasonable expectation ...
SCOTUS Rules Police Need Warrant for Cell Phone Location Data in Carpenter v United States
In Carpenter v United States, 585 U. S. ____ (2018), the U.S. Supreme Court held that the seizure of cell-site location information constitutes a search under the Fourth Amendment. The case is the latest to interpret how to apply the Fourth Amendmen...
Collins v Virginia: SCOTUS Reigns in Fourth Amendment’s Automobile Exception
In Collins v Virginia, 584 U. S. ____ (2018), the U.S. Supreme Court declined to extend the Fourth Amendment’s so-called “automobile exception.” By a vote of 8-1, the justices held that the exception, which allows certain warrantless searches o...
Qualified Immunity to Police Officers in District of Columbia v Wesby
The U.S. Supreme Court unanimously held in District of Columbia v Wesby, 583 U. S. ____ (2018), that police officers had probable cause to arrest several partygoers at a raucous, late-night Washington, D.C. party. The Court further held that the offi...
Katz v United States Established Key Fourth Amendment Protection
In Katz v United States, 389 U.S. 347 (1967), the U.S. Supreme Court held that warrantless wiretapping constituted a search under the Fourth Amendment, concluding that a physical intrusion was unnecessary. As Justice Potter Stewart famously wrote, ...
Previous Articles
Supreme Court Holds Candidate Can Challenge Election Law Governing Vote Counting
by DONALD SCARINCI on March 6, 2026
In Bost v. Illinois State Board of Elections, 607 U.S. ___ (2026), the U.S. Supreme Court held that...
Supreme Court Hold Ex Post Facto Clause Applies to Criminal Restitution Statute
by DONALD SCARINCI on
In Ellingburg v. United States, 607 U.S. ____ (2026), the U.S. Supreme Court unanimously heldthat t...
SCOTUS Reaffirms Fourth Amendment Standard for Police Responding to Household Emergencies
by DONALD SCARINCI on February 19, 2026
In Case v. Montana, 607 U.S. ____ (2026), the U.S. Supreme Court confirmed thatthe Fourth Amendment...
