Author Archives: fourth

NJ departs from all other cases to find an expectation of privacy in an ISP’s subscription information under the NJ Constitution

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Important S.D.N.Y. computer search case: Securities fraud warrant failed particularity because of its sweeping overbreadth, and no GFE, but the invalid part is severed; the court also discusses the application of the Fourth Amendment to electronic media

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IP address sufficient basis for issuance of search warrant for the physical address where it is assigned

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Suicide after leaving custody is not a § 1983 claim

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A police officer has a lesser right to privacy as a result of his career choice

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False imprisonment is a Fourteenth Amendment due process claim rather than a Fourth Amendment unreasonable seizure claim

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Failure to timely return warrant inventory was not prejudicial and would not lead to suppression

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Smell of ether alone is not enough to justify search of a car; more is required

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FL 1DCA suppresses dog sniff of driver where sniff of vehicle led to finding nothing, but finds law has changed and certifies issue to FL S.Ct.

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State prisoner succeeds on federal habeas where defense counsel failed to challenge search claim that would have prevailed

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PC remained after illegal re-entry search was purged from affidavit for SW

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“Second look” at wallet in property room was valid

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Utah: Local practice of court destroying warrant papers and letting police be the repository of search warrant records violates statute and Fourth Amendment

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Social guest who stayed overnight only six times in two years was sufficiently close to the owner and premises to have standing

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Younger abstention did not bar suit where administrative agency could not resolve claim, but plaintiff loses on the merits of the Fourth Amendment claim where the court found it reasonable, despite the fact the administrative search was clearly a criminal search

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Plain feel is subject to totality of circumstances test and officer’s experience is a factor

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911 caller not anonymous tipster when police call her back to get more information

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9th Cir. analyzes force during an arrest under Graham that led to a broken neck

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Washington again rejects federal search incident rule; after search of car, suspicionless use of drug dog as a part of search incident was unreasonable under state constituiton

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