The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant. … Continue reading Pennsylvania Supreme Court Holds that Probable Cause and Exigent Circumstances are Required for the Warrantless Search of a Vehicle
On May 22, 2018, the U.S. Supreme Court issued an important decision extending the Fourth Amendment right against unlawful search and seizure into the digital age. In Thomas Ivory Carpenter v. United States, the Court sided with the privacy rights of cellphone users over law enforcement using private tracking data compiled and saved by cell … Continue reading The Supreme Court recognizes privacy right to cell phone location history.
http://news.yahoo.com/dna-swab-arrestees-cheek-reasonable-search-supreme-court-201434454.html;_ylt=A2KJ2UZttLNRTzEAAqTQtDMD Well, It would seem that my blog from last time may have been a bit premature. Recently, the Supreme Court ruled that it is sometimes OK to take DNA samples of arrestees. How does this case differ from police taking blood for a DUI/DWI stop is the immediate question that follows this recent ruling. In each … Continue reading Supreme Court and Individual Freedoms – Difficult to Determine, Harder to Rationalize
On April 17, 2013, the United States Supreme Court decided a case that has implications throughout the country. The case, Missouri v. McNeely, was based on a motorist who was stopped on suspicion of drunk driving and arrested. McNeely refused to take a breath test, but was then taken to a local hospital for a … Continue reading Supreme Court Protects Rights and Requires States to Obtain Warrant in DUI Stops