Category Archives: Uncategorized

Techdirt: SEC Is A Due Process Nightmare: Searches Emails Without A Warrant, Refuses To Share Exculpatory Evidence by Mike Masnick:

NYT Blog: Do the Courts Have a Role to Play in Drone Strikes? by Dorothy J. Samuels:

Slate: The Fourth Amendment Shell Game by Julian Sanchez One of Obama’s NSA reforms just makes the problem worse.

WaPo: Volokh: The Fourth Amendment and Airport Security, cont’d by David Post:

Natural dissipation of BAC isn’t an exigent circumstance dispensing with a warrant. Here, there always was a nighttime magistrate for warrants and a phlebotomist in the jail, too. Sutherland v. State, 2014 Tex. App. LEXIS 3694 (Tex. App. – Amarillo … Continue reading →

One-party consent to recording a conversation is valid in Massachusetts, unless it happens in the home. Here, officers had a warrant authorizing recording in case it happened in the home, but it was in a car instead. Commonwealth v. Hearns, … Continue reading →

While Indiana is a plain error state, the failure to raise a search and seizure issue before trial is likely a waiver because, as here, there was nothing on which to base a fundamental error claim, as it was presented. … Continue reading →

John Doe and DNA profile arrest warrant sufficiently particular for Fourth Amendment, when that’s all they have. State v. Carlson, 2014 Minn. App. LEXIS 37 (April 7, 2014):

Good faith first, merits second. Defendant had to show that the warrant was so lacking in probable cause that an officer couldn’t rely on it, and he didn’t. United States v. Alvarez, 2014 U.S. App. LEXIS 6440 (5th Cir. April … Continue reading →

Taylor Phipps, Probable Cause on a Leash, 23 B.U. Pub. Int. L.J. 57 (2014). Abstract:

Warrantless recording and monitoring of private attorney-client conversations in a police station interview room violated clearly established Fourth Amendment law, so no qualified immunity. [Talk about “clearly established law” …] Gennusa v. Canova, 748 F.3d 1103 (11th Cir. 2014):

John B. Lyman, Goldilocks and the Fourth Amendment: Why the Supreme Court of North Carolina Missed an Opportunity to Get Officer Mistakes of Law “Just Right” in State v. Heien, 92 N.C. L. Rev. 1012 (2014). [Note also that Heien … Continue reading →

Consent to a search blood is different than consent to a medical procedure. Consent to one is not consent to the other. State v. Evans, 2014 Tenn. Crim. App. LEXIS 318 (April 4, 2014):

The search of defendant’s bag at Sea-Tac airport was valid as a search incident. A warrant was obtained to search his computer. United States v. McGrue, 2014 U.S. App. LEXIS 6374 (9th Cir. April 7, 2014).* The detailed information from … Continue reading →

Cato: The Fourth Amendment: Cars, Phones, and Keys? by Jim Harper:

The Oregonian: Mohamed Mohamud deserves new trial due to ‘unconstitutional’ surveillance, lawyers argue by Helen Jung:

WaPo: Volojh: Another denied application from Judge Facciola in the e-mail warrant case by Orin Kerr:

There is no standing to challenge GPS placement on a car in which one is a passenger. [I beg to disagree because the passenger is being tracked, too. What’s the difference between this and Brendlin where the stop of a … Continue reading →

Arrest warrant for the defendant coupled with information that he was home was sufficient for entry. A protective sweep thereafter was permissible. United States v. Jones, 2014 U.S. Dist. LEXIS 47548 (E.D. Mich. April 7, 2014).* There was reasonable suspicion … Continue reading →

Politico: Judge again rejects feds over email search by Josh Gerstein: