Tag Archives: fourth amendment

Fourth Amendment Drunk Driving Case Decided By SCOTUS

The Supreme Court handed down an opinion in a Fourth Amendment drunk driving case yesterday in Navarette v. California, No. 12-9490 (Apr 22, 2104) (available here). Writing for the divided Court, here is how Justice Thomas’s opinion begins and ends:

After a 911 caller reported that a vehicle had run her off the road, a police officer located the vehicle she identified during the call and executed a traffic stop. We hold that the stop complied with

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The Erosion of the Fourth Amendment

Fourth AmendmentThe Fourth Amendment to the Constitution was a response to the British government’s abuse of writs of assistance.  These writs served as a general type of search power allowing British soldiers to go onto any property without cause.  Any place could be searched at the whim of the holder, and searchers were not responsible for any damage they caused, thereby putting anyone who held such a writ above the law.  The Fourth Amendment engrained a unique principle of free people [Read the full post. . .]

Illegal Police Stops (by DaytonDUI)

Protecting You From Illegal Police Stops!

The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which  includes being unlawfully or illegally pulled over or stopped by law enforcement.  An officer cannot simply pull you over based on a hunch or intuition.  When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation.  State v. Brickman(2001), 11th Dist. No. [Read the full post. . .]

DUI Law and the Fourth Amendment: Is Your Home Your Castle?

The Ohio Seventh District Court of Appeals bui...

The doctrine that “a man’s home is his castle” is enshrined in the Bill of Rights.  The Fourth Amendment to the United State Constitution embodies the principle and states that a home should be free from search without a warrant.  The Fourth Amendment states, “The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause * * *.” [Read the full post. . .]