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Fourth Amendment

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -
McAfee & Taft

Qualified immunity for law enforcement officers

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Originating from a 1982 U.S. Supreme Court opinion regarding the termination of government employees in retaliation for speaking out about the Nixon Administration, the doctrine of qualified immunity has been the law of the...more

Kerr Russell

Sixth Circuit Upholds Rental Inspection Ordinances: No Fourth Amendment Violation in Conditioning Licenses on Warrantless...

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Whether you are a residential rental property owner or a tenant, odds are at some point you are going to encounter a rental inspection ordinance. Following the housing market crash in 2008, rental inspection ordinances grew...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2025 #3

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A Connecticut Little League and its national parent company have pushed back against a group of parents accusing them of not properly training volunteer coaches, saying that the organization they represent does not actually...more

Hudson Cook, LLP

Creditors' Rights and the Constitution: A Difficult (But Not Impossible) Connection to Make

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You may not associate creditors' rights with the United States Constitution. After all, when people think of constitutional rights, they generally think of free speech, freedom of the press, trial by jury, etc. The...more

Troutman Pepper Locke

Wire Fraud Litigants Beware: Fourth Circuit Ruling Protects the Banks — The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, Chris Willis is joined by veteran litigators and Troutman Pepper Locke Partners Mary Zinsner and Heryka Knoespel to dissect a groundbreaking Fourth Circuit decision on bank...more

Jackson Walker

Fifth Circuit Criminal Opinions: Insights and Analyses Part IIII

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Hello all. Below is the May 2025 edition of the Fifth Circuit criminal and civil case summaries, with a special focus on cases of interest to white-collar practitioners. This past month, the Fifth Circuit issued published...more

Poyner Spruill LLP

Fourth Circuit Court of Appeals Instructs District Court to Correctly Apply Qualified Immunity Analysis

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The Fourth Circuit Court of Appeals recently vacated and remanded a District Court opinion that denied qualified immunity to a Charlotte-Mecklenburg Police Officer. In Belton v. Loveridge, the appellate court held the trial...more

Dorsey & Whitney LLP

The Supreme Court Update - June 2, 2025

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The Supreme Court of the United States granted certiorari in four cases today: Bost v. Illinois State Board of Elections, No. 24-568: This case involves an Illinois law that required mail-in ballots to be counted as long...more

Gray Reed

Balancing Privacy and Tax Enforcement in the Digital Age

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The Internal Revenue Service was aware of significant underreporting of cryptocurrency on tax returns and used one of its investigative tools (i.e., a John Doe summons) in 2016 to seek financial information on thousands of...more

Husch Blackwell LLP

Supreme Court Rejects "Moment-of-Threat" Rule in Section 1983 Excessive Force Suit

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In Barnes v. Felix, the U.S. Supreme Court unanimously held that courts evaluating Fourth Amendment excessive-force claims in Section 1983 lawsuits against law enforcement officers must consider the “totality of the...more

Epstein Becker & Green

Justices Reject “Moment of Threat” Rule in Police Shooting Case - SCOTUS Today

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The most anticipated event at the U.S. Supreme Court today was the oral argument in the birthright citizenship case....more

Dorsey & Whitney LLP

The Supreme Court Update - May 15, 2025

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The Supreme Court of the United States issued one decision today: Barnes v. Felix, No. 23-1239: This criminal procedure case concerns the proper scope of analysis for Fourth Amendment excessive force claims....more

Venable LLP

Update: Fourth Circuit Dodges Constitutionality of Geofence Warrants

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Earlier this year, we wrote on the Fourth Circuit's en banc rehearing in United States v. Chatrie, a criminal appeal addressing whether a geofence warrant used to locate the defendant in a bank robbery trial was a...more

EDRM - Electronic Discovery Reference Model

En Banc Fourth Circuit Geofence Decision is Splintered

In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more

Vedder Price

Opening Door to Universal Jurisdiction in Internet Cases, En Banc Ninth Circuit Finds Specific Personal Jurisdiction Over Shopify

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On April 21, 2025, a Ninth Circuit en banc panel revived (by a 10-1 decision) a putative class action against Shopify, Inc. alleging violations of privacy and data rights via use of cookies. In reversing both the district...more

Ballard Spahr LLP

FinCEN’s Southwest Border Geographic Targeting Order Faces Challenges in Texas and Southern California

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In March, we wrote about the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issuing a Geographic Targeting Order (GTO) aimed to combat Mexican-based drug cartels. The GTO signals Treasury’s efforts to...more

Marshall Dennehey

A Neck-Hold Is Not Clearly-Established Excessive Force

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Moore v. Oakland County, Michigan, 126 F.4th 1163 (6th Cir. 2025) - This § 1983 lawsuit was filed against a police officer after a confrontation during a traffic stop in which the plaintiff resisted compliance. Despite the...more

Carlton Fields

Florida Appeals Court Decisions Week of April 14 - 18, 2025

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U.S. Eleventh Circuit Court of Appeals - Kinsale v. Pride of St Lucie - (Fla law) insurance, bad faith, duty to initiate settlement - Pipkins v. Hoover Ala - Fourth Amendment, deadly force - Vargas v. Lincare - False...more

Womble Bond Dickinson

Crossing Borders with Electronics: Know Your Rights and Risks

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With increasing digitalization of our lives and businesses, privacy concerns from border searches of phones, laptops and tables are a growing concern for professionals, executives, and frequent international travelers. U.S....more

Lathrop GPM

Dept. of Education Certification Requirement Tied to “Antidiscrimination Obligations” for Continued K-12 Federal Funding

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On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...more

Jackson Walker

Fifth Circuit Criminal Opinions: Insights and Analyses

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This is the first of a continuing series of summaries written by Jackson Walker partner, Joe Magliolo, and his colleagues, of new, published Fifth Circuit criminal opinions, with occasional forays into other subjects of...more

Marshall Dennehey

A Deadly Encounter: Court Clarifies Use of Force in Police Shooting of Mentally Ill Individual

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Key Points: Use of Deadly Force: The court upheld the police officers’ use of deadly force, which is relevant for insurance coverage in similar incidents. Municipal Liability: No liability for the defendant as there was no...more

McAfee & Taft

Gavel to Gavel: Warrants and the workplace

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Law enforcement agents are not all-powerful in the United States; their power is restricted by the Fourth Amendment to the United States Constitution. Although primetime police dramas often paper over the details, every...more

Allen Matkins

Will Ling Chi Kill The Corporate Transparency Act?

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Ling Chi was a slow and torturous method of execution practiced in Imperial China.  Better known in English as "death by a thousand cuts", ling chi took a terribly long time to kill the condemned prisoner....more

BCLP

Treasury Suspends CTA Enforcement Against U.S. Citizens and Companies; Federal District Court Declares CTA Unconstitutional

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The Corporate Transparency Act (the “CTA”) remains in full force and effect, although FinCEN recently announced that it will not take any enforcement actions against reporting companies who fail either to file or to update...more

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