Tags » Fourth Amendment

No Deprivation

Referencing this article, http://www.conventionofstates.com/feds_take_4_5_billion_worth_of_private_property, from the Convention of the States effort, which referenced the Washington Free Beacon as source.

Regarding civil asset forfeiture:

Amendment IV… 448 more words


Brennan: 4th Amendment Will Allow Terrorists to Attack America

Unbelievable. The powers that shouldn’t be don’t want a constitution at all, if you want one you’re a “adversary”…~TS

Efforts to protect the Constitution “may be fueled by our adversaries” 332 more words


SCOTUS Dodges Privacy Issue … For Now

By Andrew H. Fuller

Last Monday (Nov. 9), the Supreme Court of the United States declined cert to petition Davis, Quartavius v. United States. The case focused on whether the police must obtain a warrant in order to access and review cellphone location data held by carriers. 458 more words

Case Comment

Governmental Invasion of Privacy: Warrantless Cellphone Tracking

Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review

Cell phone use is now an essential part of daily life. Individuals use cell phones for entertainment, business, and as their main source of communication. 2,045 more words

Associate Members

An Appeals Court Finally Takes a Practical Approach to Sentencing in Government Contracting Case (and an Interesting 4th Amendment Issue)

Loss calculation drives sentencing decisions in many white-collar cases. The higher the loss amount, the longer the sentence.Courts usually take an expansive view of what counts as a “loss” for sentencing. 1,680 more words


Failure to Advise of Right to Refuse Preliminary Breath Test Not Grounds for Suppression

On September 16, 2015, Fairfax Circuit Court Judge John M. Tran issued a decision in the case of Commonwealth v. Stewart, denying a request to suppress evidence resulting from a failure to advise a DUI suspect that she had the right to refuse a roadside preliminary breath test. 433 more words

DWI (Driving While Intoxicated)/DUI (Driving Under The Influence)