Tag Archives: Fourth Amendment

Supreme Court Considers Whether to Grant Privacy to Cell Tower Location Records

Cornell University law professor Sherry F. Colb considers the reasoning behind an appeals court's allowing law enforcement to acquire, without a warrant or probable cause, cell phone records that include a user’s approximate location over a period of several months. Colb expresses relief that the U.S. Supreme Court has decided to consider the issue so that we can know whether, by using a cell phone, we are thereby exposing our location to the police (and not just to our wireless service providers).

Do Fourth Amendment Protections Vanish After an Indictment? The Manuel v. Joliet Case on the Supreme Court’s Docket

University of Illinois Law dean and law professor Vikram David Amar comments on a case in which the Supreme Court heard oral arguments this week. In that case—Manuel v. Joliet—the Court will consider whether an individual’s Fourth Amendment right against unreasonable seizure continues after an indictment has issued, thereby allowing a malicious prosecution claim based on the Fourth Amendment. Amar argues that the case highlights some unusual features of Supreme Court practice, as well as some important aspects of constitutional law.

Is Taking Blood from a Dog a “Search” of the Dog’s Owner?

In light of a recent decision by the Oregon Supreme Court, Cornell University law professor Sherry F. Colb considers whether taking blood from a dog constitutes a search of the dog’s owner for Fourth Amendment purposes. Colb identifies good and bad features of the court’s opinion and expresses what, in her view, would have been the ideal resolution of the case.

Birchfield v. North Dakota: An Acceptable Compromise

Cornell University law professor Sherry F. Colb comments on the U.S. Supreme Court’s recent decision in Birchfield v. North Dakota, in which the Court held that states may criminalize the refusal to take a breathalyzer test but may not criminalize the refusal to take a blood test, absent a warrant, as an ordinary incident of an arrest for driving while impaired. Colb explains why the Court distinguished the two types of tests and argues that the decision effectively balances competing interests in public safety and individual privacy.

A Potential Landmine in Waiting in Utah v. Strieff

Cornell University law professor Sherry F. Colb discusses the U.S. Supreme Court’s recent decision in Utah v. Strieff, holding that evidence found in that case as a result of a Fourth Amendment violation was not the direct consequence of the violation and was therefore properly admitted into evidence against the defendant under the attenuation doctrine. Colb explains how one throwaway line in the opinion, if taken to its logical conclusion, could potentially spell the death of the exclusionary rule.

When Illegal Stops Lead to the Discovery of Outstanding Warrants: Utah v. Strieff

Cornell University law professor Sherry F. Colb comments on a case currently before the U.S. Supreme Court, in which the Court will decide whether evidence located during a search incident to arrest after an unlawful stop will be admissible in evidence against the arrestee. Colb discusses this and also the broader question of the future role of the exclusionary rule in the law of the Fourth Amendment.

The Second Circuit Honors the Threshold of the Home in a Fourth Amendment Opinion

Cornell University law professor Sherry Colb discusses a decision by the U.S. Court of Appeals for the Second Circuit holding that when police are outside the threshold of a home arresting a suspect who is inside the threshold, it is a “home arrest” requiring a warrant. Colb explains why the decision is significant in protecting the home as a space where a person can feel the highest degree of privacy and comfort, free from unreasonable government intrusions.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington U... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Befo... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of L... more

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Pra... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at... more