Category Archives: Search And Seizure

Category Archives: Search And Seizure

US Supreme Court Issues Decision in Favor of Cell Phone Location Privacy

Today, in Carpenter v. United States, __ US __ (No. 16-406) (June 22, 2018),  the United States Supreme Court determined law enforcement must obtain a search warrant to obtain a person’s movements obtained through records tracking cell-phone site locations. The Court reiterated that individuals have a reasonable expectation of privacy in their physical movements and […]

Supreme Court rules police may not extend traffic stops

Yesterday, the United States Supreme Court in Rodriguez v. United States, — U.S. –, (No. 13-9972), ruled that once a routine traffic stop is completed, the police cannot without reasonable suspicion detain an automobile and its occupants for the unrelated purpose of having a dog sniff the car for illicit narcotics. The Supreme Court ruled […]

United States Supreme Court rules a warrant necessary to secure cell phone data following an arrest

Today, the United States Supreme Court unanimously ruled that police officers must secure a warrant before searching a arrestee’s cell phone. The Court issued an opinion in Riley v. California,– U.S. –, (No 13-132) that states that protections afforded by the Fourth Amendment to the United States Constitution clearly apply to cell phones. The Court […]

Study on police behavior during traffic and street stops

Frequently, in criminal and juvenile court, defense attorneys challenge the decision that law enforcement had probable cause to stop and search persons who are in their cars or on the street. Recently, the United States Department of Justice Bureau of Justice Statistics released a study regarding the frequency of such stops and the impressions of […]

United States Supreme Court decision on DNA samples from arrestees

Today, the United States Supreme Court approved the ability of the police to obtain DNA samples from persons they have probable cause to arrest and process for serious offenses. In Maryland v. King, 569 U.S. ___ (2013), which may be found at,0,792, the court forged new law. The opinion was a split 5-4 opinion […]

The United States Supreme Court issues decision on warrantless blood draw in DUI case

Today, the United States Supreme Court, in Missouri V. McNeely, 569 U.S. __ (No. 11-1425)(2013), ruled that absent exigent circumstances, police officers must request search warrants to forcibly draw blood from persons who they have probable cause to believe have been driving under the influence of alcohol. The Court rejected a request for a per […]

United States Supreme Court Rules Taking a Drug-Sniffing Dog onto a House Porch is Impermissible Search

Yesterday, the United States Supreme Court ruled in Florida v. Jardines, 569 U.S. _ (No. 11-564) (2013), that taking a drug-sniffing dog on a private person’s porch was a violation of the Fourth Amendment of the United States Constitution as it was an impermissible search unsupported by probable cause. In Jardines, the Miami-Dade Police Department […]

Illinois Supreme Court Finds Probable Cause for Drug Arrest for Yelling of One Word

Previously I posted about an Illinois appellate court case that upheld probable cause to arrest someone for soliciting unlawful business on a public way under the Chicago Municipal Code, /2/category/probable%20cause/1.html. In that case, People v. Neal (No. 1-09-2814), the First District upheld a search which resulted in an arrest for possession of heroin. Last […]

The Illinois Supreme Court on a warrantless search of a probationer’s home

On May 19, 2011, the Illinois Supreme Court ruled that a probationer’s who prospectively agree to searches of his home while on probation may not then challenge the legal basis for such a search where contraband is seized. In People of the State of Illinois v. Samuel Absher (Opinion 108441), the Court ruled that when […]

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