United States v. Nougaburger82 DownloadsYear: 2015 (Vol. 39). Topics: Criminal Procedure; Fourth Amendment Question(s) presented: In the First Circuit, does the community caretaker exception to the Fourth Amendment justify officer’ entry and search of a private home without a warrant? Posture: Rehearing en banc before the US Court of Appeals for the First Circuit. Format: Word and Read more about United States v. Nougaburger[…]
Brooks v. Smith266 DownloadsYear: 2015 (Vol. 39) Topics: Criminal Procedure; Fourth Amendment Question presented: Whether the Fourth Amendment limits a police officer’s authority to arrest for a misdemeanor crime that did not occur in the officer’s presence. Format: Word and PDF Prepared by: Brooke Jarrett
Smith v. United States142 DownloadsYear: 2015 (Vol. 39) Topics: Criminal Procedure; Fourth Amendment Questions presented: Does a non-trespassory collection of information related to an individual’s position qualify as a “search” under the Fourth Amendment? If such activities do qualify as a “search,” does the warrantless collection of such information require that the evidence collected be repressed? Read more about Smith v. United States[…]
Microsponge v. United States109 DownloadsYear: 2015 (Vol. 39) Topics: Criminal Procedure; International Law Question presented: Whether 18 U.S.C. § 2703(a) permits a United States District Court to issue a search warrant for electronic files stored by American Internet service providers on servers located in a foreign country. Format: Word and PDF Prepared by: Michael Lombardi Preemption Notice! In March Read more about Microsponge v. United States[…]
Fallsbauer v. United States180 DownloadsYear: 2015 (Vol. 39) Topics: Fourth Amendment; Criminal Law Questions Presented: 1. Whether ambiguity with respect to a person’s apparent authority to consent to a search of an item or area makes such a search unreasonable under the Fourth Amendment. 2. Whether there sufficient evidence in this case for a finding of Read more about Fallsbauer v. United States[…]
Assante v. United States132 DownloadsYear: 2014 (Vol. 38) Topic: Fourth Amendment. Question: (1) What is the proper definition of “exceeds authorized access” in the Computer Fraud Abuse Act (18 U.S.C. § 1030). (2) Whether comprehensive searches of personal computers at the national border require reasonable suspicion. Format: PDF. Preemption Notice! Q1 is preempted by Van Buren v. United States, Read more about Assante v. United States[…]
Giggs v. Hernandez41 DownloadsYear: 2014 (Vol. 38). Topic: Constitutional Law; Fourth Amendment. Question: Whether a Fourth Amendment claim under 42 U.S.C. § 1983 requires that a plaintiff prove the elements of a malicious prosecution claim in addition to the unreasonable seizure. Format: PDF.
Ottery St. Catchpole Dep’t of Children & Family Servs. v. Malfoy43 DownloadsYear: 2013 (Vol. 37). Topic: Constitutional Law; Fourth Amendment. Question: Whether the “special needs” exception to the warrant requirement applies to searches and seizures in a child abuse investigation. Format: PDF.
Channing Merch. v. United States147 DownloadsYear: 2013 (Vol. 37). Topic: Constitutional Law; Fourth Amendment. Question: Whether a law enforcement agent may incorporate specialized experience and knowledge in determining if a container has illegal contraband, therefore allowing a lawful warrantless search under the plain view doctrine. Format: PDF.
Prefect v. Betelgeuse Cnty. Police Dep’t44 DownloadsYear: 2009 (Vol. 33). Topic: Constitutional Law; Fourth Amendment. Question: Whether the Fourth Amendment protection against unreasonable searches and seizures extends to arrestees that are no longer in the custody of the arresting officer and have not yet been arraigned or formally charged. Format: PDF.
United States v. Bluth57 DownloadsYear: 2007 (Vol. 31). Topic: Constitutional Law; Fourth Amendment. Question: Whether the need to obtain clothing for a partially‑clothed arrestee constitutes an exigent circumstance, thus dispensing with the requirement that a law enforcement officer obtain a warrant or the arrestee’s consent before entering his or her home. Format: Word.