SCOTUS: Government’s Acquisition of Cell-site Records is a Search Under the Fourth Amendment

On June 22, 2018 the United States Supreme Court issued its decision in Carpenter v. United States (No. 16- 402), 585 US ____ (2018), holding that when the Government obtains access to historical cell-phone records that provide a chronicle of the user’s past movements, it constitutes a search under the Fourth Amendment. As such, the […]

SCOTUS on First Amendment: Probable Cause for an Arrest does not bar a First Amendment claim

On June 18, 2018 the United States Supreme Court issued its decision in Lozman v. City of Riviera Beach (No. 17-21), 585 US ____ (2018), holding that the existence of probable cause for an arrest, does not bar a First Amendment retaliation claim. View Publication (PDF)

SCOTUS – Vehicle Searches: Unauthorized Drivers of Rental Cars Could Have Reasonable Expectation of Privacy in the Vehicle

This week, the Supreme Court of United States issued its decision Byrd v. United States (No. 16-1371), 584 US ___ (2018). This is an important case for law enforcement in terms of vehicle searches. The issue before the Court was whether an unauthorized driver of a rental car has a reasonable expectation of privacy in […]

SCOTUS Rules for Police Officer in Excessive Force Case

This week the Supreme Court of United States decided Kisela v. Hughes, 584 US ____ (2018), and the opinion is already the center of a debate. In this case, not only did the majority find that Officer Kisela was entitled to qualified immunity for his use of deadly force, but it also went on to […]

SCOTUS: Definition of Hate Speech and Other Important Developments under the First Amendment

On June 19th, 2017, the United States Supreme Court reached two important conclusions in terms of the First Amendment. In Matal v.Tam, 581 U.S. ____ (2017), the Supreme Court provided a useful definition of what a hate speech is as well as it’s relation to the First Amendment. The highest Court also had the opportunity […]