Courtesy of FourthAmendment.com here is a good case to know about. Defendant and his wife got into a domestic dispute, and she called the police to tell them about his illegal firearms. They came to the scene and she consented to the search. He was there and vociferously objected. The police searched anyway. The search…
Continue reading ›Two items relevant to the internet, privacy, and the Fourth Amendment. Orwell would be . . . Orin S. Kerr, Applying the Fourth Amendment to the Internet: A General Approach, 62(4) STANFORD L. REV. 1005 (2010). This Article proposes a general approach to applying the Fourth Amendment to the Internet. It assumes that courts will…
Continue reading ›I’m aware of one case in the military where the NCIS used GPS tracking (after getting a warrant). Fourthamendment.com recommends: The D.C. Circuit held on Friday that a warrant is needed for prolonged GPS surveillance, recognizing People v. Weaver from New York and limitingKnotts. [This is a highly important decision. Every criminal and constitutional lawyer…
Continue reading ›FourthAmendment.com has this post: Today is the 26th anniversary of United States v. Leon and the good faith exception. When I remembered that this morning, I had a flash back to the last CLE I did for prosecutors about 1990 where the speaker after me referred to July 5th as “Independence Day from the Fourth…
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