Category Archives: Fourth Amendment

Supreme Court Weakens 4th Amendment Traffic Stop Requirements

By admin | Published: April 22, 2014

The U.S. Supreme Court today upheld a defendant’s conviction for possession with intent to deliver a substantial quantity of marijuana. At the heart of the case is whether the police lacked the probable cause necessary to conduct a traffic stop. During the traffic stop, the California Highway Patrol officers noted a strong odor of marijuana […]

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What is a Violation of the Third Amendment?

By admin | Published: July 6, 2013

In an interesting case discussed by the Daily Caller, a family from Henderson, Nevada is suing the local police for violating their Third Amendment protections and right to privacy. By way of review, since the subject is so ubiquitous in today’s plethora of Constitutional litigation, the Third Amendment provides that “No Soldier shall, in time […]

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Are Dog “Sniff Tests” of Homes Searches?

By admin | Published: January 9, 2012

The State of Florida recently filed a Petition for Writ of Certiorari with the United States Supreme Court in the case of Jardines v. State of Florida. The Writ comes after the Florida Supreme Court determined that a search of Mr. Jardines’ residences predicated on a “positive” hit from a narcotics dog violated the United […]

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