The Nevada Supreme Court on Thursday ruled that Nevada's implied consent law, which allows police officers to take blood samples of motorists to determine impairment, is unconstitutional. The case involved a man named Michael Byars who was stopped by state troopers for driving under the influence ...[read more]
JURIST Columnist Adam Banner of the Oklahoma Legal Group discusses the Fourth Amendment implications of warrantless cell phone searches in the context of two recent Supreme Court decisions on the issue...
Two cases recently decided by the US Supreme Court will likely have a tremendous impact on ...[read more]
The US Court of Appeals for the Eleventh Circuit ruled Wednesday that police must obtain a warrant to get a person's cell phone location history from the cell phone provider. Police conducting a robbery investigation had obtained four people's cell phone location histories after getting a "D- ...[read more]
The US Supreme Court heard oral arguments Tuesday in a pair of cases dealing with warrantless searches of suspects' cell phones. Riley v. California is a state court case that involves a challenge to searching an arrested individual without a warrant. After being arrested, police examined Riley's ...[read more]
Whether or not programs like New York's Stop-Question,-and-Frisk (SQF) are within the bounds of the U.S. Constitution is the primary challenge facing such programs. Similar programs, that have faced similar challenges and criticisms, exist in Newark, Philadelphia, and other cities. These ...[read more]
JURIST Guest Columnist Ramzi Kassem of the CUNY School of Law argues that a notice of warrantless wiretapping could lead to the reopening of criminal cases ...Late February brought some downright fascinating developments in the Agron Hasbajrami case. Hasbajrami had pleaded guilty in April 2012 ...[read more]
JURIST Assistant Editor Brent Nesbitt, University of Pittsburgh School of Law Class of 2016, discusses the search incident to arrest exception to the Fourth Amendment in United States v. Wurie...On Tuesday, April 29, the US Supreme Court will hear argument in the case of United States v. Wurie ...[read more]
The US Supreme Court ruled 6-3 Tuesday in Fernandez v. California that police may search a home without a warrant over the objection of one occupant if that occupant has been removed from the premises. The Court of Appeals of California concluded that Supreme Court precedent established in 2006 in ...[read more]
The U.S. Court of Appeals for the Fifth Circuit ruled Tuesday that probable-cause warrants are not required to access cell phone location information. In a 2-1 decision, the Fifth Circuit reversed lower court decisions that said the location data was protected by the Fourth Amendment. The court ...[read more]
The Foreign Intelligence Surveillance Act (FISA) of 1978 permits electronic and physical monitoring to assess threats and maintain US safety. FISA created the Foreign Intelligence Surveillance Court (FISC), which grants surveillance warrants.
Concerned with authorization of wiretaps against ...[read more]