October 19, 2014
by William Helbling
The Nevada Supreme Court on Thursday ruled that Nevada's implied consent law, which allows police officers to take blood samples of motorists to determine impairment, is unconstitutional. The case involved a man named Michael Byars who was stopped by state troopers for driving under the influence ...[read more]
August 6, 2014
by Jason Kellam
JURIST Columnist Adam Banner of the Oklahoma Legal Group discusses the Fourth Amendment implications of warrantless cell phone searches in the context of two recent Supreme Court decisions on the issue... Two cases recently decided by the US Supreme Court will likely have a tremendous impact on ...[read more]
June 12, 2014
by Jaclyn Belczyk
The US Court of Appeals for the Eleventh Circuit ruled Wednesday that police must obtain a warrant to get a person's cell phone location history from the cell phone provider. Police conducting a robbery investigation had obtained four people's cell phone location histories after getting a "D- ...[read more]
April 29, 2014
by Jaclyn Belczyk
The US Supreme Court heard oral arguments Tuesday in a pair of cases dealing with warrantless searches of suspects' cell phones. Riley v. California is a state court case that involves a challenge to searching an arrested individual without a warrant. After being arrested, police examined Riley's ...[read more]
March 23, 2014
by Endia Vereen
JURIST Assistant Editor Brent Nesbitt, University of Pittsburgh School of Law Class of 2016, discusses the search incident to arrest exception to the Fourth Amendment in United States v. Wurie...On Tuesday, April 29, the US Supreme Court will hear argument in the case of United States v. Wurie ...[read more]
February 25, 2014
by Jaclyn Belczyk
The US Supreme Court ruled 6-3 Tuesday in Fernandez v. California that police may search a home without a warrant over the objection of one occupant if that occupant has been removed from the premises. The Court of Appeals of California concluded that Supreme Court precedent established in 2006 in ...[read more]
May 2, 2013
by Jaclyn Belczyk
The Florida Supreme Court ruled Thursday that police need a warrant to search a defendant's cell phone at the time of arrest. The court ruled 5-2 that officers were permitted to confiscate the defendant's cell phone, but that they should have obtained a warrant before looking at pictures on the ...[read more]
June 1, 2012
by Rebecca DiLeonardo
A lawyer for the US Department of Justice (DOJ) on Thursday defended the warrantless use of global positioning system (GPS) devices on suspects' vehicles despite a January Supreme Court ruling declaring GPS tracking to be a "search" under the Fourth Amendment. In oral arguments before the US ...[read more]
May 16, 2012
by Katherine Bacher
On May 16, 2011, the US Supreme Court ruled 8-1 in Kentucky v. King that exigent circumstances apply when the police do not act in a way that violates the Fourth Amendment of the US Constitution. The case involved police smelling marijuana outside an apartment door and kicking down the door after ...[read more]
March 2, 2012
by Kevin Green
The US Court of Appeals for the Seventh Circuit ruled Wednesday that a warrantless search of a suspect's cell phone to collect its phone number does not constitute a violation of Fourth Amendment protections against unreasonable search and seizure. A three-judge panel unanimously rejected the ...[read more]

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