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Fourth Amendment Warrants Surveillance

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 -
Venable LLP

Update: Fourth Circuit Dodges Constitutionality of Geofence Warrants

Venable LLP on

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

Fox Rothschild LLP

Drone Operators Beware….Michigan Appellate Court Opines On Privacy

Fox Rothschild LLP on

In a new decision, the Michigan Court of Appeals has held that when it comes to privacy and aerial surveillance, a landowner has a greatly enhanced expectation of privacy when unmanned aircraft are involved. The decision,...more

Sullivan & Worcester

The Fourth Amendment Downs 'Video Voyeurism' in Kraft SpaGate Case

Sullivan & Worcester on

On Wednesday, Florida’s Fourth District Court of Appeal affirmed a lower court decision excluding video evidence that Florida prosecutors sought to use in their case against hundreds of men who allegedly patronized the...more

Womble Bond Dickinson

The Constitution Protects Faces in the Crowd

Womble Bond Dickinson on

Unlimited law enforcement application of facial recognition software to surveillance footage is an unreasonable search and a violation of Constitutional rights for people in a peaceful crowd. An officer should need to...more

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