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Fourth Amendment Totality of Circumstances Test

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 -
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

Law School Toolbox

Bar Exam Toolbox Podcast Episode 156: Listen and Learn -- The Fourth Amendment: Informer Tips

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Welcome back to the Bar Exam Toolbox podcast! Today we're focusing on Criminal Procedure, specifically the Fourth Amendment to the Constitution and the limits it imposes on police actions based on tips from anonymous...more

Dorsey & Whitney LLP

The Supreme Court - February 25, 2020

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Today, the Supreme Court of the United States issued the following four opinions: Rodriguez v. FDIC, No. 18-1269: The Internal Revenue Service (“IRS”), under its statutes and regulations, allows an affiliated group of...more

Best Best & Krieger LLP

BB&K Police Bulletin: Use of Deadly Force: Officers’ Pre-Shooting Conduct Included in the Totality of Circumstances Test...

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Overview: Deputies shot and killed Shane Hayes inside his home. His daughter filed suit against the deputies and the county for excessive force, Fourth Amendment violations, negligent wrongful death and claims against the...more

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