Probable cause is important in two aspects of criminal law: Police must have probable cause before they search a person or ...

Another conceivable conclusion is that Kavanaugh now hopes to apologize for butchering the Fourth Amendment without doing any ...

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 ...

That approach "improperly narrow [ed] the requisite Fourth Amendment analysis," Kagan held. "To assess whether an officer ...

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 ...

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 ...

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 ...