As the Trump administration expands ICE operations nationwide, legal experts warn that door-to-door immigration enforcement ...

Probable cause is important in two aspects of criminal law: Police must have probable cause before they search a person or ...

Another conceivable conclusion is that Kavanaugh now hopes to apologize for butchering the Fourth Amendment without doing any ...

In the last year or two, the U.S. Department of Justice has been arguing in federal courts of appeals that Terms of Service can narrow or eliminate Fourth Amendment ...

When I first watched White House “border czar” Tom Homan’s rant about how immigration agents can indiscriminately detain people based on physical appearance, I was aghast. Not because it was happening ...

The Fourth Amendment provides a critical privacy right against intrusions by government officials. Indeed, it creates three layers of protection. First, it broadly prohibits unreasonable searches and ...

The right to be free from unreasonable search and seizure had an up-and-down sort of year at the U.S. Supreme Court. Back in May, the Court delivered a 9–0 decision that left civil libertarians ...

Earlier this month, the Supreme Court rendered obsolete the 4th Amendment’s prohibition on suspicionless seizures by the police. When the court stayed the district court’s decision in Noem vs. Vasquez ...

It has been seven years since Professors William Baude and James Y. Stern published “The Positive Law Model of the Fourth Amendment” in the Harvard Law Review. Early this year, Professors Danielle ...

Log-in to bookmark & organize content - it's free! Judge Ketanji Brown Jackson discusses the 4th Amendment's provisions for privacy and for unreasonable searches and seizures during her confirmation ...

The Federalist Society produced a webinar recently that I found fascinating, not only because I was a panelist. There was a marked divergence of opinion on Fourth Amendment law. I believe I know where ...