Category Archives: Fourth Amendment

Fourth Amendment, Opinions of the Court, OT 2017, Weekly Roundup

Opinions: Searching Vehicles Next to a Home and Restitution

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The Court issued two opinions this week, and it disposed of one more case without a decision. In Collins v. Virginia, the Court considered the scope of the Fourth Amendment’s “automobile exception,” which allows a police officer to search a vehicle without first getting a warrant under some circumstances. The rationale for this exception is … Continue reading Opinions: Searching Vehicles Next to a Home and Restitution →

Fourth Amendment, Inside the Case, OT 2017

Digital Forensics and the Shrinking Importance of United States v. Microsoft Corp.

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By Michael Gentithes, Visiting Assistant Professor, Chicago-Kent College of Law. Supreme Court cases can lose relevance when technological changes render obsolete the questions addressed. Rare, though, is the case that loses its relevance before the opinion is even drafted. That fate may await currently pending case of United States v. Microsoft Corp. The case, in … Continue reading Digital Forensics and the Shrinking Importance of United States v. Microsoft Corp. →

Fourth Amendment, OT 2017

Latest Fourth Amendment Opinion: District of Columbia v. Wesby

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On January 22, the Court handed down its decision for District of Columbia v. Wesby, a Fourth Amendment case out of the U.S. Court of Appeals for the D.C. Circuit, ruling that the police acted reasonably in their response to a loud party at a vacant house. Justice Thomas wrote an opinion for himself and … Continue reading Latest Fourth Amendment Opinion: District of Columbia v. Wesby →

Criminal Law, Fourth Amendment, OT 2017

The End of Miller’s Time?

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By Michael Gentithes, Visiting Assistant Professor, Chicago-Kent College of Law. The smartphones we carry in our pockets radically simplify our lives, reducing hour-long tasks to seconds and eliminating the need to separately carry a camera, map, book, and audio player. But should they also enable the government to access months of records of everywhere someone … Continue reading The End of Miller’s Time? →

Behind the Decision, Criminal Law, Fourth Amendment, OT 2013

Riley v. California: Behind the Decision

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On April 25, the Supreme Court held that police must obtain a warrant to search the digital contents of an arrestee’s phone. The unanimous ruling raised many interesting points, and so Professor Douglas Godfrey (IIT Chicago-Kent College of Law) sat down to explain the decision. The decision was for both Riley v. California and United States v. Wurie.

Fourth Amendment, Inside the Case, OT 2013

Riley v. California: Inside the Case

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On April 29, 2014, the Supreme Court hears oral argument in Riley v. California. This case raises a complicated question about technology: Can the police search your cell phone upon arrest without a warrant? Professor Kimberly Bailey (IIT Chicago-Kent College of Law) discusses the background of the case and the issues at stake.

Affirmative Action, Behind the Decision, Fourth Amendment, OT 2012, Patent Law, Same Sex Marriage, Title VII, Voting Rights Act

Behind the Decisions of 2012

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The 2012 Term of the Supreme Court wrapped up with many important decisions. The faculty of Chicago-Kent College of Law goes behind the decisions to explain what happened, why, and what it means for the future.

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Fourth Amendment, OT 2012

Maryland v. King Decision Allows DNA Swabs In Serious Arrests

Case: Maryland v. King This morning, the Supreme Court issued a 5-4 opinion, with a scathing dissent from Justice Scalia. But the case, Maryland v. King, is not one of the big marquee cases of this Term, nor was the line-up predictable. Writing for the majority, Justice Kennedy held that the Fourth Amendment allows a … Continue reading Maryland v. King Decision Allows DNA Swabs In Serious Arrests →