Tag Archive: Fourth Amendment

Jun 21 2016

Latest Warrant Decision by SCOTUS Ignores Reality

The Supreme Court ruled on Monday that evidence found by police officers after illegal stops may be used in court if the officers conducted their searches after learning that the defendants had outstanding arrest warrants. Justice Clarence Thomas, writing for the majority in the 5-to-3 decision, said such searches do not violate the Fourth Amendment …

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Aug 17 2015

SCOTUS Reduces Jay-Z’s Problems to 98 With Decision on Dog-Sniffing Case

It was a busy term for the Supreme Court of the United States with decisions on Obamacare and gay marriage catching all of the attention. But reading the summary of the term this morning I was surprised to see I had missed a case that dealt the right of police officers to extend a traffic …

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Oct 09 2013

NY Appellate Court: Police Had No Right To Arrest Person Who Fled

In marking a clear difference between what’s enough to stop a suspect and what’s enough to justify an arrest, the Fourth Department, the State appellate court covering Upstate NY, overturned a conviction based on the guilty plea of one Belton Lee. People v. Belton Lee 2013 WL 5496151 (4th Dep’t 2013). Two Canandaigua police officers …

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Aug 12 2013

Plain Statistics and Common Sense Doomed “Stop and Frisk”

In a landmark decision issued this morning, Southern District of New York Judge Shira Scheindlin struck down as “unconstitutional as applied” the NYPD’s “Stop and Frisk” policy. The decision is the culmination of a nearly four month non-jury trial before Judge Scheindlin in which both sides relied upon statistics and anecdotal evidence to try and …

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