Fourth Amendment « Lawyers USA Online

Benchmarks: Should court have suppressed penile swab?

Published: May 21, 2012

Tags: exigent circumstances, Fourth Amendment, penile swab, search and seizure

Does the potential loss or destruction of DNA evidence justify the warrantless collection of such evidence from a rape suspect’s private parts following his arrest?

A panel of California judges answered that question on Friday. If you were hoping for a straight yes or no answer, you’ll be disappointed.

Protective sweep in domestic call was constitutional

Published: May 7, 2012

Tags: Fourth Amendment, search and seizure

Police responding to a domestic violence call didn’t violate the Fourth Amendment when they conducted a protective search of the suspect’s home after securing his arrest outside and accounting for the safety of all his potential victims, the 4th Circuit has ruled in reversing a suppression order.

Officer isn’t immune for wrongful arrest

Published: May 2, 2012

Tags: Fourth Amendment, immunity, §1983

A police officer was not immune from liability when sued for making an arrest without probable cause, the 4th Circuit has ruled in affirming judgment.

Warrantless search of hotel room unlawful

Published: May 1, 2012

Tags: Fourth Amendment, search and seizure

Exigent circumstances did not justify police conducting a warrantless search of the hotel room of a suspected drug courier, the 8th Circuit has ruled in reversing a conviction.

Collecting DNA from arrestee unconstitutional

Published: April 26, 2012

Tags: DNA, Fourth Amendment, search and seizure

Collecting a DNA sample from a man who was arrested for assault but not yet convicted violated the Fourth Amendment, Maryland’s highest court has ruled.

Civil rights suit barred by nondisclosure in bankruptcy

Published: April 24, 2012

Tags: Chapter 7, civil rights, Fourth Amendment, search and seizure

A homeowner could not sue police for conducting illegal searches of his properties because he failed to disclose the lawsuit in his Chapter 7 bankruptcy case, the 1st Circuit has ruled in affirming a dismissal.

Police aren’t liable for no-knock, nighttime search

Published: April 20, 2012

Tags: Fourth Amendment, knock and announce rule, qualified immunity, search and seizure, §1983

Police were entitled to qualified immunity when sued for violating the Fourth Amendment by conducting a no-knock, nighttime search of a home, the D.C. Circuit has ruled in reversing judgment.

GPS evidence obtained without warrant admissible

Published: April 18, 2012

Tags: exclusionary rule, Fourth Amendment, good faith exception, search and seizure

Evidence obtained from the warrantless installation of GPS devices on a drug suspect’s vehicles is admissible because police acted in good faith reliance on existing case law, a U.S. District Court in Iowa has ruled in denying a motion to suppress.