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…
Supreme Court Snuffs Warrantless Sniffs at the Stoop
4/9/13
By: Brian Dempsey In a 5-4 decision, the Supreme Court recently decided that a narcotics detection canine’s sniff at the front door of a suspected marijuana grow house is a search requiring probable cause and a warrant. (Florida v. Jardines, Docket No. 11-564 (March 26, 2013)). For the majority, this case turned on the fact that the…
Supreme Court to Decide Whether Police Dog Sniffs Pass the Fourth Amendment “Smell Test”
11/2/12
By: Brian Dempsey This past week, the United States Supreme Court heard two cases which are expected to clarify the Fourth Amendment limitations on police officers’ use of drug-sniffing dogs. In the first case, Florida v. Jardines, the Supreme Court granted certiorari to decide whether a dog sniff at the front door of a suspected…