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Fourth Amendment

Jun 10, 2012

Wis. court upholds search of felon’s property

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.

Jun 4, 2012

Defense lawyers flub ‘planted gun’ case, rules 7th Circuit

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.

Apr 26, 2012

Supreme Court tackles Ariz. immigration law

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.

Apr 3, 2012

High court OKs strip searches for lesser offenses

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.

Feb 28, 2012

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

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.

Feb 27, 2012

Police aren’t liable for executing ‘overbroad’ warrant, rules high court

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.

Jan 31, 2012

US Supreme Court’s GPS ruling to get first test

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.

Dec 26, 2011

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

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

Nov 11, 2011

Justices of US Supreme Court question privacy expectations in GPS case

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.

Oct 24, 2011

High court debates inmate strip searches

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.

Oct 13, 2011

Supreme Court considers constitutionality of strip search

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.

Oct 11, 2011

U.S. Supreme Court ponders strip search limits, arbitration

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.

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