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Fourth Amendment Traffic Stops Law Enforcement

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

Dorsey & Whitney LLP on

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

Marshall Dennehey

A Neck-Hold Is Not Clearly-Established Excessive Force

Marshall Dennehey on

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

Rodemer Kane Attorneys at Law

Colorado DUI Checkpoints: 5 Jaw-Dropping Truths Every Driver Must Know

In Colorado, law enforcement conducts DUI and DWAI screenings at temporary traffic stops known as sobriety checkpoints. These checkpoints allow law enforcement to briefly contact and interact with all the drivers...more

Sands Anderson PC

The One Fingered Salute: It's Rude, But It's Not Probable Cause To Arrest

Sands Anderson PC on

Officer Matthew Minard of the Taylor, Michigan Police Department pulled over Debra Cruise-Gulyas for speeding. He cut her a break and cited her only for a non-moving violation. A lot of people would’ve been grateful, but...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Byrd v. United States

On May 14, 2018, the Supreme Court of the United States decided Byrd v. United States, No. 16-1371, holding that under the Fourth Amendment, the driver of a rental car may challenge the search of that car by law enforcement...more

Patterson Belknap Webb & Tyler LLP

Good Faith Exception to Exclusionary Rule Saves Conviction Based on Illegal Search

In United States v. Gomez, 16-181-cr (Parker, Wesley, and Droney), the Second Circuit found that the defendant’s Fourth Amendment rights were violated during a five-minute traffic stop because the police officers extended the...more

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