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Fourth Amendment

May 1, 2013

Judge rules extended traffic stop violated rights

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.

Apr 23, 2013

ON THE DEFENSIVE: Big Brother is listening

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

Apr 17, 2013

High court rejects warrantless blood draw in DWI case

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.

Mar 27, 2013

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

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.

Feb 26, 2013

US Supreme Court questions legality of warrantless DNA collection

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.”

Feb 6, 2013

State Supreme Court rejects appeal in GPS planting

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.

Jan 10, 2013

US Supreme Court hears warrantless blood sample case

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.

Dec 21, 2012

Bringing the Fourth Amendment into the 21st century

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.”

Nov 1, 2012

US Supreme Court puts drug dogs’ noses to the test

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?

Sep 26, 2012

US Supreme Court to decide: Does warrantless blood test violate 4th Amendment?

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.

Jul 17, 2012

Police denied immunity in pepperball injury case, rules 9th Circuit

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.

Jun 14, 2012

Lawyers, lawmakers ponder limits of Supreme Court’s GPS tracking ruling

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.

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