That approach "improperly narrow [ed] the requisite Fourth Amendment analysis," Kagan held. "To assess whether an officer ...

Justice Mundy would have been the fourth vote for this view. She wrote a brief concurrence saying that she agreed with Justice Wecht, but that would not take a formal position on the question as she ...

The Fourth Amendment provides a critical privacy right against intrusions by government officials. Indeed, it creates three layers of protection. First, it broadly prohibits unreasonable searches and ...

Earlier this month, the Supreme Court rendered obsolete the 4th Amendment’s prohibition on suspicionless seizures by the police. When the court stayed the district court’s decision in Noem vs. Vasquez ...

When I first watched White House “border czar” Tom Homan’s rant about how immigration agents can indiscriminately detain people based on physical appearance, I was aghast. Not because it was happening ...

The Boone Town Council approved a Fourth Amendment Workplace Resolution on Dec. 10 aimed at reinforcing constitutional ...

Fourth Amendment rights and religious freedom were the main arguments during a court hearing in the legal battle over migrant documents between the Texas Attorney General's Office and El Paso's ...

A federal court judge ruled Thursday that the New Hampshire Department of Health and Human Services is violating the 4th Amendment by forcing hospitals to care for people experiencing mental health ...

The Federalist Society produced a webinar recently that I found fascinating, not only because I was a panelist. There was a marked divergence of opinion on Fourth Amendment law. I believe I know where ...

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 ...