Tag: Fourth Amendment

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 ...

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...

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...

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...

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 ...

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...

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...

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...

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, ...