Category: Fourth Amendment

June 24, 2007

Supreme Court Protects Criminal Defendants

Filed under: Fourth Amendment,Supreme Court - 24 Jun 2007

The Supreme Court last week quietly issued an unanimous decision upholding Fourth Amendment protections for passengers in stopped cars. The Court held that a passenger in a car is considered “seized” – an important determination that triggers Fourth Amendment …

May 14, 2007

The “Special Needs” Exception to the Fourth Amendment and Antiterrorism Programs

Filed under: Fourth Amendment,Terrorism - 14 May 2007

Earlier, I promised further information on the special needs exception – here goes. The exception applies when the government can show a special need beyond the needs of ordinary law enforcement. It allows for governmental searches that do …

New York’s Proposed DNA Database Expansion

Filed under: Fourth Amendment - 14 May 2007

New York governor Eliot Spitzer has proposed an expansion to the State’s DNA database. In its original form, the program took DNA samples from incarcerated criminals who had been convicted of certain sexual or violent crimes. The program …