Tags » Fourth Amendment

“Clearly Established” Circuit Law in Good-Faith Suppression Cases

This week, I’ve been posting on the evolving connection between circuit precedent and “clearly established law” in both qualified-immunity and AEDPA cases. To round out the discussion, this post discusses related issues posed by a third doctrine: the good-faith exception to the exclusionary rule. 1,510 more words

Fourth Amendment

Bipartisan Support for (and Opposition to) the Surveillance Society

Correction: I terribly misread the vote tally on the Senate NSA “reform” bill before I wrote the post below. Either that or I read an article with a typo. 390 more words

Politics

RANT: Prison Camp Training

http://patriotrising.com/2014/11/04/education-indoctrination-defending-searches-security-director-says-every-school-drugs/

Prison Camp Training: Rockford School District Edition

Education indoctrination : Defending Searches, Security Director Says ‘Every School Has Drugs In It’
Posted November 4, 2014 5:03 pm by PatriotRising… 123 more words

Ranting

In re R.M. -- Search of Backpack by SRO

In re R.M. (Ind. Ct. App. November 13, 2014) centers around a backpack left in a classroom with the teacher’s permission.  When the student did not return for the backpack, the teacher contacted a school resource officer (SRO), who searched the backpack.   332 more words

Schools/Education

Citing 1st, 2nd & 4th Amendments, Rutherford Institute Sues Virginia Police for Violating Obama Protester’s Right to Free Speech and Lawful Gun Ownership

RICHMOND, Va. — Attorneys for The Rutherford Institute have filed a lawsuit on behalf of a Virginia man who was arrested by City of Hopewell police officers as he was engaged in a First Amendment protest against President Obama while lawfully carrying a rifle. 626 more words

‘Serve and Protect’ Does Not Mean Pro-Am Media Suppression

The right to record police activity is legal in every state provided that it is clear that the person documenting said activity is not interfering with standard police procedure and is not in any way disarming or inflicting real or potential harm on the officers on duty. 1,730 more words

United States v. DiTomasso, 2014 WL 5462467 (S.D.N.Y.) October 28, 2014

*This is a District Court Judges’ opinion and has not yet withstood appellate scrutiny.

Facts: Defendant is charged with production and transportation of child sexual abuse images. 1,101 more words

Defenses