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…
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The Erosion of the Fourth Amendment

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

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,…
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Crisis in Fourth Amendment Jurisprudence

Image by Kevin H. via Flickr ACS is pleased to distribute an Issue Brief by Jay Stanley, Senior Policy Analyst at the American Civil Liberties Union's Speech, Privacy and Technology Program, entitled “The Crisis in Fourth Amendment Jurisprudence.” In this Issue Brief, Mr. Stanley discusses the possible threat to Americans' privacy as rapid advancements in…
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Ohio OVI Law: State v. McCord (Anonymous Tip Case)

State v. McCord, 2010-Ohio-1979, 93127 (OHCA8) Mark appeals his conviction from the Cuyahoga County Court of Common Pleas for drug possession and possession of criminal tools.  Police received an anonymous tip of drug activity in a black Hummer parked at a stated location. Police responded and blocked the vehicle and ordered the persons inside to…
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U.S. Supreme Court upholds Fourth Amendment

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption] In one of his final decisions, if not his final one, as a justice, Supreme Court Justice David Souter ruled for a divided Court Thursday morning that the intrusive strip search of an Arizona middle-school girl in pursuit of drugs was a violation of her Fourth Amendment rights.…
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