Tag: Fourth Amendment

The Supreme Court (SCOTUS) kicked off its new term on October 5, 2015 and filled about 2/3 of its docket. In total, SCOTUS  granted certiorari in thirteen new cases during its September 28 long conference, bringing the docket to 47.  Last term th...

Oral arguments lasted only a few short hours, but the Supreme Court will likely debate the same-sex marriage cases for the next two months. Not surprisingly, Justice Anthony Kennedy holds the likely swing vote that could change history in regards to ...

The U.S. Supreme Court recently ruled that absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s prohibition of unreasonable seizures. The decision in Rodriguez v. United States...

The U.S. Supreme Court recently issued its first major Fourth Amendment decision of this term. In Heien v. North Carolina, the justices held that a police officer’s reasonable mistake of law can provide reasonable suspicion under the Fourth Amendme...

The U.S. Supreme Court has agreed to consider an important Fourth Amendment case involving a police officer’s mistake of law. Given that law enforcement is not infallible, the decision in Heien v. North Carolina could have significant consequences....

In Plumhoff v. Rickard, the U.S. Supreme Court addressed what type of law enforcement conduct rises to the level of “excessive force in violation of the Constitution. The 2014 decision may play a role in whether the Ferguson, Missouri police office...

In Riley v. California, the majority held that police officers must obtain a warrant The U.S. Supreme Court recently issued its most important privacy decision in four decades. In Riley v. California, the majority held that police officers must obta...

Since returning from break, the U.S. Supreme Court justices have been hard at work. One of its most recent criminal decisions may impact the ability of the police to search your house, particularly if you don’t live alone. In Fernandez v. Califo...

The continued relevancy of a 1979 case may play a key role in the ongoing legal challenges to the National Security Agency’s surveillance programs. Smith v. Maryland involved whether the installation and use of a pen register, a device that records...

The October 2013 Term is in full swing with the U.S. Supreme Court issuing its first opinions. One of the first cases decided, Stanton v. Sims, involved whether police officers are authorized to pursue a fleeing suspect onto a homeowner’s private p...