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: Search and Seizure
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.
U.S. Supreme Court Finds That An Unauthorized Driver In Lawful Possession of Rental Car Has A Right To Privacy
On May 14, 2018, the United States Supreme Court held that people who borrow rental cars from friends are afforded the same protections against unlawful searches as the authorized driver. In the matter of Terrence Byrd v. United States, 2018 WL 2186175, the Supreme Court justices unanimously held “ the mere fact that a driver … Continue reading U.S. Supreme Court Finds That An Unauthorized Driver In Lawful Possession of Rental Car Has A Right To Privacy
Sometimes the Courts Get it Right and Actually Defend the Constitution
Sometimes the Courts Get it Right and Actually Defend the ConstitutionStory recently posted on the Huffington Post regarding the protection of our most basic rights...Geoffrey R. Stone - Edward H. Levi Distinguished Service Professor of Law, University of ChicagoStop-and-Frisk: Why We Have CourtsPosted: 08/13/2013 12:27 amEvery once in a while, I burst with pride in the American … Continue reading Sometimes the Courts Get it Right and Actually Defend the Constitution
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
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