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Fourth Amendment

May 1, 2014

Justices search for limits in cellphone search cases

Applying centuries-old constitutional principles to situations not contemplated by the Founding Fathers is nothing new for the justices of the U.S. Supreme Court.

Apr 17, 2014

BENCH BLOG: Appeals court provides rational ‘stop and frisk’ guidance

When is a Terry “stop and frisk” permissible under the Fourth Amendment in “a very high-volume … crime area with a lot of gun violence?” The District I Court of Appeals recently provided guidance.

Feb 17, 2014

Cellphone search cases implicate broad privacy interests

Faced with a pair of cases raising the issue of warrantless searching of arrestees’ cellphones, the U.S. Supreme Court will again need to apply centuries-old constitutional principles to rapidly changing technologies.

Jan 28, 2014

Appeals court allows warrant obtained on improper grounds

Evidence that was obtained illegally does not immediately invalidate a search warrant, if the requesting officer believed he or she was acting lawfully at the time, the Wisconsin Court of Appeals ruled Tuesday.

Nov 29, 2013

Evidence from warrantless search allowed by ‘good faith’ exception

Convicted murderer Jack E. Johnson asked the Wisconsin Court of Appeals to find that a warrantless search conducted in Mexico, which violated U.S. Fourth Amendment protections, should also be viewed as a bad search by Wisconsin courts.

Nov 14, 2013

US high court struggles over consent to search case

During a lively oral argument Wednesday, the justices of the U.S. Supreme Court seemed torn over whether police can conduct a warrantless search of a home over the previous objection of a tenant when a co-tenant subsequently consents.

Oct 22, 2013

BENCH BLOG: A change in course at the high court

The U.S. Supreme Court has changed course after nearly 50 years by deciding that the touchstone of Fourth Amendment jurisprudence is trespass to a property interest, not reasonable expectation of privacy.

Sep 10, 2013

Phone privacy inches toward US Supreme Court

The U.S. Supreme Court may soon address an issue it has carefully avoided until now: how much privacy Americans enjoy regarding their cellphones.

Aug 9, 2013

Cellphone search cases move closer to US Supreme Court

The U.S. Supreme Court may soon addresses an issue it has carefully avoided until now: Just how much privacy do Americans enjoy in the information contained within and emanating from their cellphones?

Aug 7, 2013

Lawmakers push for OWI blood draw warrants

A recent U.S. Supreme Court decision paved the way for an Assembly bill, proposed Monday, that would allow law enforcement to obtain a warrant to draw blood in cases involving first-time operating while intoxicated suspects.

Jul 23, 2013

ON THE DEFENSIVE: Supreme Court ruling breaks the silence

Most lawyers have assumed that the Constitution is unambiguous in preserving one’s right to remain silent.

Jun 24, 2013

State Supreme Court takes 4 new cases, denies 58

The Wisconsin Supreme Court next term will review cases involving the UW System Board of Regents, the state Department of Corrections and others.

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