Tag: police officer

Antisocial Media: Court Critical of Cop Capturing Curious Citizen’s Cellphone

4/23/18

By: E. Charles Reed, Jr. The Eleventh Circuit Court of Appeals has held that a police officer violates clearly established law by seizing a bystander’s cellphone at an accident scene in the absence of exigent circumstances. With the rise of social media and the availability of devices with cameras, newsworthy events and potential evidence of…

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…