A traffic stop on a Tennessee interstate or highway may lead to the following questions being asked of you.
Can
Felix Booker had a body cavity search that tests the limits of search and seizure law. Mr Booker was lying naked on a gurney, breathing out of a tube, and medically paralyzed while a medical doctor searched his rectum. Mr. Booker was stopped in a routine traffic stop and arrested. Oak Ridge Police suspected
Can you consent to a police search of your car or home under Tennessee law.The answer is yes.
Consent is a well recognized exception to the search warrant requirements of both Article I section 7 of the Tennessee Constitution and the Fourth Amendment of the United States Constitution. The key is a valid consent
Your charged with a crime like possession of drugs or aggravated assault. You are put on probation and you think your problems are gone. Wrong. A new trend in Tennessee as it relates to probation cases is to include a condition of probation that waives your Fourth Amendment right of an illegal search and seizure. Paragraph
The United States Court of Appeals for the Third Circuit ruled on whether cellphone tracking required the level of proof needed for wiretaps. The Court held that judges can require the government to meet the standards of wiretaps when requesting cellphone data to track alleged suspects in drug activity.The lower court demanded that law
The federal courts are split over whether the police must obtain a search warrant before secretly attaching a Global Positiong System device under someone’s car. The issue is whether the Fourth Amendment of the U.S. Constitution’s protection against unreasonable searches and seizures covers a device that records a suspect’s movements for days, weeks, or months without any need for a police officer or drug task force agent to follow the suspect. Traditionally, the courts have held that the Fourth amendment does not cover the trailing of a suspect because a citizen has no expectations of privacy for actions exposed to public view.
With the explosion of technology to track someone’s movement by GPS or cell phone, how do the court’s apply Fourth Amendment privacy rights in the 21st century?
The D.C. Circuit held on August 6 , 2010 that a warrant is needed for prolonged GPS surveillance, recognizing People v. Weaver from New York and limiting Knotts. [This is a highly important decision. Every criminal and constitutional lawyer needs to read it.] United States v. Maynard, 2010 U.S. App. LEXIS 16417 (D.C.Cir. August 6, 2010): Thanks to the Fourth Amendment for this clip. Here is the full commenatary on this case.Continue Reading Courts Split Over GPs Surveillance
https://youtube.com/watch?v=RbwSwvUaRqc%26hl%3Den_US%26fs%3D1%26
Here is a video of an execution of a search warrant. Most search warrants do not go like this, but I thought it is a great example of a search warrant gone wrong. Thanks to Simple Justice and Radley Balko for this educational video.