Fourth Amendment

Wake up America

Wake up America

Immediately following the Boston Marathon bombing, the United States Constitution was suspended for all residents of Watertown, Massachusetts.  An entire...

State v. Jenkins – CSC reversed because search warrant affidavit was insufficient

State v. Jenkins – CSC reversed because search warrant affidavit was insufficient

In State v. Jenkins, decided June 20, 2012, the S.C. Court of Appeals reversed a conviction for criminal sexual conduct...

Nevada Highway Patrol sued for alleged racketeering – using K-9’s for illegal searches and seizures

Nevada Highway Patrol sued for alleged racketeering – using K-9’s for illegal searches and seizures

Nevada Highway Patrol troopers have filed a 104 page lawsuit against their own agency and against Las Vegas Metro Police,...

State v. Adams – GPS monitor is an unlawful search but so what

State v. Adams – GPS monitor is an unlawful search but so what

In State v. Adams, decided April 25, 2012, the S.C. Court of Appeals held that the placement of a GPS...

America’s slow creep towards becoming a police state

America’s slow creep towards becoming a police state

Steven Greenhut has a pretty good article at Reason.com titled “Are we sliding towards a police state?,” which focuses on...

Cell phone tracking by police is now routine

Cell phone tracking by police is now routine

According to an article published yesterday in the NY Times citing thousands of documents obtained by the ACLU from 205...

State v. Jackson – possession requires more than mere presence/ mere suspicion

State v. Jackson – possession requires more than mere presence/ mere suspicion

In State v. Jackson, decided October 5, 2011, the S.C. Court of Appeals reversed Jackson’s conviction for possession with intent...

State v. Burgess – another trafficking conviction affirmed

State v. Burgess – another trafficking conviction affirmed

In State v. Burgess, decided August 17, 2011, the S.C. Court of Appeals affirmed Burgess’ convictions for trafficking in crack...

State v. Morris – S.C. Court of Appeals didn’t get the memo

State v. Morris – S.C. Court of Appeals didn’t get the memo

The one that said, “anything goes” is no longer the state of the law when it comes to roadside Fourth...

U.S. v. Digiovanni – 4th Circuit upholds suppression of drugs

U.S. v. Digiovanni – 4th Circuit upholds suppression of drugs

In U.S. v. Digiovanni, decided July 25, 2011, the 4th Circuit Court of Appeals affirmed a district court’s suppression of...