fourthamendment.com
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The website covers a wide range of topics related to the Fourth Amendment, including what the Fourth Amendment says and means, the history of the Fourth Amendment, the different types of searches and seizures that are covered by the Fourth Amendment, and more.
fourthamendment.com
2d ago
Defendant was connected by the CSLI for his cell phone to 25 attacks. “Here, it is uncontested that the two search warrant affidavits established probable cause to believe that the defendant committed the string of attacks. The only issue in this appeal is whether the affidavits demonstrated probable cause to believe that location data associated with the 781 number, the 857 number, and the defendant’s cell phone would produce evidence that the defendant committed the crimes.” And they did. Commonwealth v. Janvier, 2024 Mass. App. LEXIS 57 (Apr. 18, 2024).* , 2024 U.S. App. LEXIS 9354 (10th Ci ..read more
fourthamendment.com
2d ago
Tasering defendant was reasonable here. Officers approached him to serve a citation, and he reached toward a firearm. There was also reasonable suspicion for a frisk. United States v. Trinidad-Nova, 2024 U.S. Dist. LEXIS 70530 (D.P.R. Apr. 16, 2024).* , 2024 U.S. App. LEXIS 9388 (9th Cir. Apr. 18, 2024 ..read more
fourthamendment.com
2d ago
SEC hit with new lawsuit alleging ‘mass surveillance’ of Americans through stock market data by Brianna Herlihy (“A new lawsuit calls the SEC’s data collection ‘completely unlawful,’ putting Americans’ financial data at ‘grave risk ..read more
fourthamendment.com
2d ago
Defendant’s stop and pat down were reasonable. He matched the description of a serial robber known to be armed and willing to use his firearm impetuously. Consent to the pocket search, however, is remanded for more fact finding. Brown v. United States, 2024 D.C. App. LEXIS 149 (Apr. 18, 2024).* , 2024 D.C. App. LEXIS 147 (Apr. 18, 2024 ..read more
fourthamendment.com
2d ago
The Problems Of The NCMEC CyberTipline Apply To All Stakeholders ..read more
fourthamendment.com
1w ago
2254 petitioner’s successor habeas petition is denied. It alleges no new facts or law. On his Fourth Amendment claim, he said that an officer took his shoe and placed it at the crime scene. Whether as a Fourth Amendment or tampering with evidence claim, it’s not a valid basis. In re Simpkins, 2024 U.S. App. LEXIS 8052 (11th Cir. Apr. 3, 2024).* Heath v. People of the V.I. , 2024 V.I. 17, 2024 V.I. Supreme LEXIS 16 (Mar. 27, 2024 ..read more
fourthamendment.com
1w ago
Minor mistakes in the affidavit for warrant were neither material nor prejudicial to defendant. CoA denied. Harris v. United States, 2024 U.S. App. LEXIS 7797 (6th Cir. Apr. 1, 2024).* , 2024 U.S. App. LEXIS 8023 (8th Cir. Apr. 4, 2024 ..read more
fourthamendment.com
1w ago
Defendant, fleeing from police, stashed his backpack in bushes. That was abandonment, even if he hoped to recover it after release from jail. United States v. Starr, 2024 U.S. Dist. LEXIS 62112 (W.D. Okla. Apr. 4, 2024).* , 2024 U.S. App. LEXIS 8165 (8th Cir. Apr. 5, 2024 ..read more
fourthamendment.com
1w ago
Defense counsel’s failure to appeal denial of a motion to suppress isn’t ineffective assistance of counsel where it never could succeed on the merits. United States v. Carter, 2024 U.S. Dist. LEXIS 61954 (E.D. Va. Apr. 3, 2024).* , 2024 U.S. App. LEXIS 8123 (5th Cir. Apr. 4, 2024 ..read more
fourthamendment.com
1w ago
Court Calls Out BS ‘Driving While Black’ Traffic Stops While Tossing Felony Possession Conviction ..read more