9/18/14
By: Mark A. Begnaud On September 4, 2014, the Eleventh Circuit Court of Appeals voted to rehear the case of United States v. Quartavious Davis en banc. In the original opinion, the Court found that all cell-site data is protected by the Fourth Amendment. The vote to rehear the case vacates the panel decision, and…
Does the Fourth Amendment Allow for a Forced Blood Draw after a DUI? – Part II
4/22/13
By: Sun Choy In a previous post, I posed this question in light of the oral argument in Missouri v. McNeely. This week, the Supreme Court answered by holding that requiring a warrant under the Fourth Amendment “must be determined case by case based on the totality of the circumstances” confronting the officer. In doing so, the Court…