In a decision of first impression, the Supreme Court of the United States has recently ruled police officers cannot take a drug sniffing dogs onto the property of a potential suspect without a search warrant. Police organizations are concerned this will limit their ability to use drug smelling dogs to locate illegal narcotics. Evidence Seized, … [Read more...]
Evidence Found after Questioning a Suspect Without “Founded Suspicion” Inadmissible
A man had parked his car illegally. A Police officer walked up to the car. He asked the man if he should be aware of anything in the car. The man consented to a search of the car. The police officer found a handgun in the car. The issue presented to an Appellate Court in upstate New York was "[did the police officer have] reasonable suspicion … [Read more...]
Keeping Your Emails Private When David Patraeus, the Head of the CIA, Couldn’t
Today Americans communicate billions of times a day through e-mail and text messaging. Today, the most private pieces of information are communicated by using cell phones. Americans often communicate their private information through e-mail and text message. How can we keep these matters private? Do Americans have a right to privacy over their … [Read more...]
Stop And Frisk Searches Thrown Out By Courts In New York – Part I
In July of 2012, two New York State Appellate Courts threw out searches related to stop and frisk situations by the police. The searches resulted in the police finding loaded guns. However, the Courts held, just because teenagers are nervous in high crime areas this is not a sufficient basis for the police to stop and frisk them. In each of these … [Read more...]
Interrogation of Child Abuse Victims
The United States Supreme Court recently had before them the case of Camreta v. Green, 131 S. Ct. 456 (2010). In this case, the issue presented was whether the Fourth Amendment to the United States Constitution requires government officials to obtain a search warrant or parental permission before they can interrogate a suspected child abuse victim. … [Read more...]
Can the Police Search Your Cell Phone Without a Warrant?
In Ohio, cell phones protected by the 4th amendment's prohibition against unreasonable search and seizure by the government. In a recent decision, the Ohio Supreme Court has ruled that police officers need to obtain a warrant in order to search a cell phone. This decision by the Ohio Supreme Court takes into consideration the fact that cell phones … [Read more...]
