Justice Mundy would have been the fourth vote for this view. She wrote a brief concurrence saying that she agreed with Justice Wecht, but that would not take a formal position on the question as she ...

In the last year or two, the U.S. Department of Justice has been arguing in federal courts of appeals that Terms of Service can narrow or eliminate Fourth Amendment ...

The Fourth Amendment provides a critical privacy right against intrusions by government officials. Indeed, it creates three layers of protection. First, it broadly prohibits unreasonable searches and ...

A class of convicted sex offenders in Wisconsin say the state's ankle monitor requirement for repeat offenders infringes on ...

When I first watched White House “border czar” Tom Homan’s rant about how immigration agents can indiscriminately detain people based on physical appearance, I was aghast. Not because it was happening ...

Earlier this month, the Supreme Court rendered obsolete the 4th Amendment’s prohibition on suspicionless seizures by the police. When the court stayed the district court’s decision in Noem vs. Vasquez ...

Fourth Amendment rights and religious freedom were the main arguments during a court hearing in the legal battle over migrant documents between the Texas Attorney General's Office and El Paso's ...

POLK COUNTY, Fla. — Polk County Sheriff Grady Judd is often an outspoken supporter of the Second Amendment. But this week, the sheriff is wading into debate over a different constitutional right — the ...

It has been seven years since Professors William Baude and James Y. Stern published “The Positive Law Model of the Fourth Amendment” in the Harvard Law Review. Early this year, Professors Danielle ...

The Federalist Society produced a webinar recently that I found fascinating, not only because I was a panelist. There was a marked divergence of opinion on Fourth Amendment law. I believe I know where ...

BOTTOM LINE: Where a man argued that Maryland effectuates a taking because it does not pay interest on unclaimed property that is returned to the property owner, his claims were barred by Eleventh ...