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
Tag: Fourth Amendment
Commonwealth Appeals the Hicks Decision – Will SCOTUS Weigh-in on Whether Display of a Firearm Constitutes Reasonable Suspicion of Criminal Activity?
As our viewers are aware, Chief Counsel Joshua Prince drafted an Amicus Brief in Commonwealth v. Hicks on behalf of Members of the Pennsylvania General Assembly, Firearm Owners Against Crime ("FOAC") and Firearms Policy Coalition ("FPC"), resulting in the Pennsylvania Supreme Court issuing a monumental decision on May 31, 2019, wherein it held, pursuant to … Continue reading Commonwealth Appeals the Hicks Decision – Will SCOTUS Weigh-in on Whether Display of a Firearm Constitutes Reasonable Suspicion of Criminal Activity?
The Supreme Court recognizes privacy right to cell phone location history.
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.
Supreme Court declines to extend automobile exception to Fourth Amendment to vehicles parked in driveways or curtilage of home.
In yet another victory for Fourth Amendment advocates, the Supreme Court on May 29, 2018 ruled against a warrantless search and examination of motorcycle under a tarp in the driveway of a home. In the matter of Ryan Austin Collins vs. Virginia, No. 16-1027, the Court in a 8-1 decision reversed the lower court’s decision … Continue reading Supreme Court declines to extend automobile exception to Fourth Amendment to vehicles parked in driveways or curtilage of home.
Loose Lips Sink Ships…and Closed Ones Could Land You in Hot Water with the Pennsylvania Game Commission
Yesterday, Representative Keller introduced a bill into the Pennsylvania House of Representatives, that would repeal the unconstitutional provision found in the game code which makes it unlawful for a hunter to refuse to answer any pertinent question pertaining to the killing or wounding of any game or wildlife killed or wounded, or the disposition of the entire carcass or any part thereof. … Continue reading Loose Lips Sink Ships…and Closed Ones Could Land You in Hot Water with the Pennsylvania Game Commission
Supreme Court and Individual Freedoms – Difficult to Determine, Harder to Rationalize
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
Email and the Fourth Amendment
Almost nothing on the internet is as private as people often believe it to be. Many people imagine their email conversations as similar to spoken conversations, where the information stays between the participants of the conversation unless one or both should choose to disclose it. However, in actuality, an email conversation, like almost anything else … Continue reading Email and the Fourth Amendment