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Judge rules extended traffic stop violated rights

POSTED: Wednesday, May 1st, 2013 at 1:29 pm

BY: Associated Press

A judge has ruled that evidence involving drug charges against an Idaho woman can’t be used because a police traffic stop turned into a 28-minute interrogation that violated Idaho case law and the U.S. Constitution.

ON THE DEFENSIVE: Big Brother is listening

POSTED: Tuesday, April 23rd, 2013 at 9:03 am

BY: Anthony Cotton

Congress hatched the idea of fusion centers in the aftermath of the Sept.11, 2011, terrorist attacks.

High court rejects warrantless blood draw in DWI case (access required)

POSTED: Wednesday, April 17th, 2013 at 2:14 pm

BY: DOLAN MEDIA NEWSWIRES

Police must obtain a search warrant in many cases to draw blood to get evidence of drunken driving, the U.S. Supreme Court said in a divided opinion in a case involving a Missouri man.

Use of drug-sniffing dog constituted ‘search’, says U.S. Supreme Court (access required)

Police engaged in a “search” within the meaning of the Fourth Amendment when they used a drug-sniffing dog on a homeowner’s porch to investigate the contents of the home, the U.S. Supreme Court has ruled 5-4.

US Supreme Court questions legality of warrantless DNA collection (access required)

Exactly two weeks after Gov. Scott Walker proposed expanding DNA collection efforts in Wisconsin for those arrested on felony charges, the U.S. Supreme Court on Tuesday heard oral arguments in a related case Justice Samuel Alito Jr. called “perhaps, the most important criminal procedure case that this court has heard in decades.”

State Supreme Court rejects appeal in GPS planting

POSTED: Wednesday, February 6th, 2013 at 9:10 am

BY: Associated Press

The Wisconsin Supreme Court has rejected the appeal of a man who argued police violated his constitutional rights by seizing his vehicle and planting a GPS device.

US Supreme Court hears warrantless blood sample case (access required)

POSTED: Thursday, January 10th, 2013 at 10:31 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

The justices of the U.S. Supreme Court appeared unwilling Wednesday to allow police to take blood samples from suspected drunk drivers without a warrant.

Bringing the Fourth Amendment into the 21st century (access required)

POSTED: Friday, December 21st, 2012 at 1:43 pm

BY: DOLAN MEDIA NEWSWIRES

The New York Times recently reported that the Senate Judiciary Committee has approved a bill “that would strengthen privacy protection for e-mails by requiring law enforcement officials to obtain a warrant from a judge in most cases before gaining access to messages in individual accounts stored electronically.”

US Supreme Court puts drug dogs’ noses to the test (access required)

POSTED: Thursday, November 1st, 2012 at 11:59 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

Oral arguments in two Fourth Amendment cases before the U.S. Supreme Court Wednesday focused on a common question: just what does a dog’s nose know?

US Supreme Court to decide: Does warrantless blood test violate 4th Amendment? (access required)

POSTED: Wednesday, September 26th, 2012 at 1:25 pm

BY: SYLVIA HSIEH, Dolan Media Newswires

The U.S. Supreme Court has agreed to decide whether a police officer who drew a DUI suspect’s blood after he refused to consent violated the Fourth Amendment.

Police denied immunity in pepperball injury case, rules 9th Circuit (access required)

POSTED: Tuesday, July 17th, 2012 at 1:58 pm

BY: Pat Murphy, Dolan Media Newswires

While the Taser is probably the most common culprit when it comes to excessive force lawsuits involving less-than-lethal devices, last week the 9th Circuit gave the go ahead to a college student’s §1983 claim against police officers who shot pepperballs to disperse a crowd attending a campus party.

Lawyers, lawmakers ponder limits of Supreme Court’s GPS tracking ruling (access required)

POSTED: Thursday, June 14th, 2012 at 1:26 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Months after the U.S. Supreme Court ruled that the police’s use of GPS tracking devices on suspects’ cars constitutes a search for Fourth Amendment purposes, law enforcement officials, defense lawyers and lawmakers are trying to define the limits of the ruling.

Wis. court upholds search of felon’s property

POSTED: Sunday, June 10th, 2012 at 8:57 am

BY: Associated Press

Authorities have a right to search a felon’s property for guns, even though they have no cause or suspicion to do so, the Wisconsin Supreme Court has ruled.

Defense lawyers flub ‘planted gun’ case, rules 7th Circuit (access required)

POSTED: Monday, June 4th, 2012 at 11:39 am

BY: Pat Murphy, Dolan Media Newswires

A convicted felon may get a new trial because his lawyers misread the Fourth Amendment implications of their client’s contention that a gun found on his person was planted by police.

Supreme Court tackles Ariz. immigration law (access required)

The last oral argument of the U.S. Supreme Court’s term was an explosive one, as the justices considered whether SB 1070, the controversial Arizona immigration statute, is preempted by federal law.

High court OKs strip searches for lesser offenses (access required)

Jailhouse strip searches of inmates arrested for non-indictable offenses are constitutional as long as the policy for conducting such searches strikes a reasonable balance between inmate privacy and the needs of the institutions, the U.S. Supreme Court has ruled.

BLAWG LOG: Behm on the resurrection of the ‘Trespass’ element of Fourth Amendment law

POSTED: Tuesday, February 28th, 2012 at 1:37 pm

BY: WISCONSIN LAW JOURNAL STAFF

Recently, in United States v. Jones, the Supreme Court ruled that the attaching of a GPS tracking device to a suspect’s car without his knowledge and monitoring of the vehicle’s movements violated the suspect’s Fourth Amendment rights against unreasonable search and seizure.

Police aren’t liable for executing ‘overbroad’ warrant, rules high court (access required)

Police officers were immune from being sued for violating the Fourth Amendment by executing a purportedly overbroad “all firearms” search warrant, the U.S Supreme Court has ruled.

US Supreme Court’s GPS ruling to get first test (access required)

POSTED: Tuesday, January 31st, 2012 at 1:49 pm

BY: DOLAN MEDIA NEWSWIRES

A federal case in St. Louis will be one of the first in the nation to test the application of the U.S. Supreme Court’s recent decision declaring the use of GPS tracking a search under the Fourth Amendment.

Madison, gun-rights group settle lawsuit for $10K

POSTED: Monday, December 26th, 2011 at 9:30 am

BY: Associated Press

A federal court has ordered the city of Madison to pay members of a gun-rights group $10,000 to settle a lawsuit.

Justices of US Supreme Court question privacy expectations in GPS case (access required)

POSTED: Friday, November 11th, 2011 at 11:41 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

In a case that had the justices questioning just how far the expectation of privacy extends in a world of ever-evolving technologies, the U.S. Supreme Court considered Tuesday whether the police’s use of a warrantless GPS tracking device on a suspect’s car violated the Fourth Amendment.

High court debates inmate strip searches (access required)

POSTED: Monday, October 24th, 2011 at 9:00 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

The U.S. Supreme Court is trying to determine if the strip search of a county jail inmate, erroneously arrested on a warrant for a minor offense, violated the Fourth Amendment.

Supreme Court considers constitutionality of strip search (access required)

POSTED: Thursday, October 13th, 2011 at 11:11 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

During oral arguments that focused on the difficult task of line drawing, the justices of the U.S. Supreme Court tried to determine if the strip search of a county jail inmate, erroneously arrested on a warrant for a minor offense, violated the Fourth Amendment.

U.S. Supreme Court ponders strip search limits, arbitration (access required)

POSTED: Tuesday, October 11th, 2011 at 10:58 am

BY: KIMBERLY ATKINS, Dolan Media Newswires

After taking Columbus Day off, the U.S. Supreme Court is back in action to hear oral arguments this week on issues including whether claims arising under the Credit Repair Organizations Act are arbitrable, and whether the Fourth Amendment limits strip searches on jail inmates held on minor charges.

The term of the century? Blockbuster cases await Supreme Court this session (access required)

POSTED: Monday, September 12th, 2011 at 9:56 am

BY: DOLAN MEDIA NEWSWIRES

This U.S. Supreme Court term has all the makings of a blockbuster, with issues such as the constitutionality of the federal health care reform law, the ability of states to pass tough immigration enforcement laws and same-sex marriage rights all set to fall squarely at the Court’s doorstep.

THE DARK SIDE: How the law became a monstrous chimera

POSTED: Tuesday, September 6th, 2011 at 1:14 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

The maximum penalty for armed robbery is not just a prison term, but a fine of $100,000.

Court considers exclusionary rule

By Kimberly Atkins Lawyers USA The justices of the U.S. Supreme Court tussled Monday with the limits of the exclusionary rule when the police conduct a search in a way that is lawful at the time, but later deemed unconstitutional by the Court. Willie Gene Davis, the petitioner in Davis v. U.S., was a passenger [...]

Officers did not constructively enter home

POSTED: Wednesday, December 1st, 2010 at 11:50 am

BY: David Ziemer, david.ziemer@wislawjournal.com

The Wisconsin Court of Appeals on Nov. 24 recognized that police could violate the Fourth Amendment by “constructive entry” of a home — being so intrusive that a reasonable person would not feel free to deny entry.

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