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 ...

Former President Trump's legal counsel said on the Mark Levin Show that he's preparing to file a Fourth Amendment-related legal challenge "very soon" against the Department of Justice in relation to ...

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 ...

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 ...

Many court hearings are now virtual. This means that some or all of the litigants and witnesses participate by video. Are virtual hearings compromising the Fourth Amendment rights of domestic violence ...

The circuit split might just persuade the U.S. Supreme Court to take up the matter, breaking its now six-year hiatus from hearing Fourth Amendment cases. In the span of two months, the Fourth and ...

In an opinion that seems carefully crafted to achieve unanimity rather than break new ground, the court yesterday unsurprisingly and unanimously rejected the U.S. Court of Appeals for the 9th ...

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 ...

Are you tired of TSA agents conducting invasive screenings and X-ray scans on you before traveling on a United Airlines flight that’s run out of Pepsi? Well, 4th Amendment Wear may not be able to help ...