Category: The Fourth Amendment
In a May 2018 decision, Collins v. Virginia, the United States Supreme Court held in an 8-1 decision that a police officer couldn’t venture into a private home’s “curtilage” for the purpose of conducting a warrantless search of a vehicle. The Definition of Curtilage Curtilage is one of those legal terms you might hear and…
Stop and frisk is a complex area of law, and it’s a topic that has been the subject of much debate over the years. “Stop and frisk” is a topic that has dominated headlines over the past few weeks. As a result, many people are wondering if the police are allowed to conduct these types…
Last Friday we considered the question, Is technology driving jurisprudence? Today we’ll discuss some of these technologies. Perhaps the first such “new” technology that will confront the Court is the pervasive use of surveillance cameras. Such cameras, with ever increasing frequency, are being installed on office buildings, banks, stores, and other private establishments. Because private…
On January 23rd 2012 the Supreme Court decided a seminal case concerning the relationship to new technologies and Fourth Amendment jurisprudence. In United States v. Jones, __ U.S. ___ (2012), the Supreme Court decided whether the warrantless installation of a global positioning system device on the underside of a suspect’s car in order to track…
In Olmstead v. United States, 277 U.S. 438 (1928), the Court found the Fourth Amendment did not apply to wiretaps because “[t]he taps from house lines were made in the streets near the houses,” rather than in the houses themselves, employing a strict property bases Fourth Amendment analysis. Likewise, in Goldman v. United States, 316…