ICE claims power to enter homes without a judge’s warrant. A former federal judge explains why that guts the Fourth Amendment and endangers everyone.
Probable cause is important in two aspects of criminal law: Police must have probable cause before they search a person or property, and before they arrest a person. The court must find that there is ...
The Supreme Court’s review of United States v. Chatrie puts geofence warrants and mass digital data seizures under Fourth Amendment scrutiny, raising urgent questions about particularity, AI-driven ...
How long can the government keep your property after lawfully seizing it? According to the D.C. Circuit in a recent decision, as long as the continued possession is still reasonable under the Fourth ...
It has been seven years since Professors William Baude and James Y. Stern published “The Positive Law Model of the Fourth Amendment” in the Harvard Law Review. Early this year, Professors Danielle ...
It is a common practice among criminal investigators to "preserve" Internet accounts without cause. When an investigator learns that a suspect has a Facebook or email account, the investigator will ...
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