Category: fourth amendment

Most readers of this blog know (1) that a search done pursuant to consent doesn’t violate the Fourth Amendment, but (2) that the scope of search is limited by the […]

The Supreme Court decided Arizona v. Gant yesterday. The opinion is available here, and a news article about the case is here. It’s a pretty significant Fourth Amendment case, so […]

The News and Observer ran a story today about a piece of proposed legislation that would allow any law enforcement officer to search any probationer, for any reason, at any […]

Several days ago, I wrote a post about Herring v. United States and whether it is merely the first step in a significant narrowing of the exclusionary rule. It’s an […]

Nearly 90% of American adults have cell phones. When one of those cell phone users is arrested, may police search their mobile phone incident to arrest? The Fourth Circuit recently […]

Earlier this month, the United States Supreme Court decided Herring v. United States, no. 07-513, a case that raises interesting questions about the future of the exclusionary rule.  An officer […]