Sentences with phrase «fourth amendment»

The substantial social costs exacted by the exclusionary rule for the vindication of Fourth Amendment rights have long been a source of concern... We have now reexamined the purposes of the exclusionary rule and the propriety of its application in cases where officers have relied on a subsequently invalidated search warrant.

The arrest of the alleged Golden State Killer and a case currently before the court both raise questions about Fourth Amendment rights in the digital age.

«The Supreme Court reversed the Ninth Circuit in three cases today: Muehler v. Mena (handcuffing during warrant execution didn't violate Fourth Amendment), Brown v. Payton (error in jury instructions in capital case survives deferential AEDPA review), and Rancho Palos Verdes v. Abrams (no private cause of action for permit denial under the Telecommunications Act of 1996)...»

«Trackbacks, or comments, on a blog could be even greater concern: We deliberately shield jurors from some facts, such as evidence gathered in violation of Fourth Amendment protections, and ask them not to discuss pending cases with the outside public.

This decision was justified because of the fact that the nature of smuggling makes finding a «reasonable suspicion» standard impractical while not being a great intrusion on Fourth Amendment rights.

He has written several amicus briefs in Fourth Amendment cases before the U.S. Supreme Court, and is the author of Identity Crisis: How Identification Is Overused and Misunderstood.

Don't see a concrete law enforcement plan in the article, other than the LCSO SPIDER squad (my experience is those aggressive «specialized» units usually produce lots of motion to suppress work for the criminal defense attorney for Fourth Amendment violations).

On February 21st, Mr. Hilliard takes the case to the Supreme Court of the United States to present oral argument that the protections of the Constitution's Fourth Amendment apply.

She joined the majority and agreed with its reasoning but wrote separately to indicate her agreement with much of what Justice Alito wrote in his separate opinion and to call into question some more general aspects of Fourth Amendment search doctrine.

The Modern Function and Framework of Fourth Amendment Doctrine VI.

Every couple of years, however, someone does write a law review article that I actually look forward to reading, and I now add Caleb Mason, Associate Professor of Law, Southwestern Law School, to that short list for his «JAY - Z»S 99 PROBLEMS, VERSE 2: A CLOSE READING WITH FOURTH AMENDMENT GUIDANCE FOR COPS AND PERPS» (via Above the Law).

In «Searches and Seizures in a Digital World,» recently accepted for publication by the Harvard Law Review, Kerr advocates for a redefined framework to «protect the function of existing Fourth Amendment rules in the new world of digital evidence.»

What, then, does Rodriguez have to say about Fourth Amendment law?

In a blog post titled «Narrowing the Scope,» DreamHost cheered its privacy win while preparing to argue «the remaining First and Fourth Amendment issues raised by this warrant» in its court date set for this week.

«With Rockland County proposing legislation to control the use of drones both by private citizens and law enforcement, we think that has significant Fourth Amendment implications and really First Amendment implications,» Berger says.

«Ambrogi: «FindLaw's aging core, part 2: The numbers» Main Fourth Amendment via Oxford Encyclopedia of Legal History»

Seidel filed this thorough Motion to Quash pro se, asserting that the subpoena (1) violates her First and Fourth Amendment constitutional rights; (2) will not result in discovery of relevant information; and (3) demands materials that are protected by the journalist's privilege.

The article argues that in its idealized form, predictive policing can contribute to the reasonable suspicion analysis and would survive constitutional scrutiny under existing Fourth Amendment precedent.

Law enforcement agencies have handheld radar that can «see» through walls via RF signals, raising Fourth Amendment concerns.

A traffic stop of a vehicle and detention of its occupants is a seizure for Fourth Amendment purposes.

«We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence.»

Affirming, the State Court of Appeals rejected Hudson's renewed Fourth Amendment claim.

19 See Sherri Lee Keene, Stories That Swim Upstream: Uncovering the Influence of Stereotypes and Stock Stories in Fourth Amendment Reasonable Suspicion Analysis, 76 Md..

The issue was fourth amendment suppression of evidence.

What's more, that information could be obtained by police without a warrant, thanks to an outdated legal doctrine denying Fourth Amendment privacy protections to data shared with «third parties,» like Google.

These include Fourth Amendment police excessive force and false arrest matters.

Listed below are links to weblogs that reference Fourth Amendment via Oxford Encyclopedia of Legal History:

In decisions that split along party lines, the justices have upheld conservative redistricting maps, turned North Carolina's consumer protection law on its head, weakened Fourth Amendment search and seizure protections and sustained the private school voucher program.

«Defining the Amorphous World of Curtilage for Fourth Amendment Purposes,» published in The Florida Defender, the quarterly magazine of The Florida Association of Criminal Defense Lawyers, Fall 2009

He has authored over 700 opinions, many of them in e-discovery and in the impact of information technology upon Fourth Amendment principles.

They do that in most Fourth Amendment cases coming out of state courts, but this one is very odd; California's position is pretty hard to support, and DOJ probably has no problem with the contrary rule.

Rather, he assumes for the sake of argument that the e-mails are protected (see bottom of page 12), but then concludes that the third party context negates an argument for Fourth Amendment notice to the subscribers.

The court found an «institutional lack of candor on NSA's part and emphasized that this is a very serious Fourth Amendment issue.»

Of the many things that can be said about the case, which has been called the most important Fourth Amendment test in a decade, perhaps the most sobering in the long run will be this: the decision is based on technology assumptions that are rapidly becoming irrelevant.

They say the same Fourth Amendment privacy standards that require police to obtain search warrants before examining hard drives in someone's living room, or a physical letter stored in a filing cabinet, should apply.

present search and seizure was conducted by college officials in a private capacity without government knowledge or participation and concludes that as such it is not subject to fourth amendment constraints.

A variety of travelers have since challenged U.S. Department of Homeland Security («DHS»), alleging fourth amendment violations.

Mr. Dye has had numerous cases dismissed on Fourth Amendment Grounds including, but not limited to:

• Saturday, April 22: (1) Regulating public spaces, (2) reducing police and fire liability, (3) telecommunications policy, (4) Fitness for Duty exams, (5) wrongful convictions, (6) land use and environmental insurance, (7) constitutional law and crowd control, and (8) Fourth Amendment update.

We represent individuals and businesses who have been injured by state or local government officials, placing an emphasis on law enforcement liability in the First and Fourth Amendment contexts.

While it recognizes border security is a national priority, it's not as quick to give federal agencies a free pass on Fourth Amendment exceptions.

Nevertheless, after quoting liberally from Scalia's scathing dissent in King and noting that King «eviscerated protections against suspicionless searches long recognized under both the federal and state constitutions,» the Buza court seemed to acknowledge what it was up against and stepped back from deciding the case on Fourth Amendment grounds.

Canadian Charter jurisprudence has never adopted the third party rule that has plagued Fourth Amendment doctrine.