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Held: A state hospital's performance of a diagnostic test to obtain evidence of a patient's criminal conduct for law enforcement purposes is an unreasonable search if the patient has not consented to…

Passenger and vehicle searches have played a prominent role in Fourth Amendment jurisprudence. The Supreme Court has consistently held that probable cause is necessary to conduct a warrantless search…

One might think that someone who didn't commit any crimes or even suspected of committing a crime would be afforded some protection under the Fourth Amendment, one that protects you against unreasona…

The Fourth Amendment protects “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures ....” U.S. Const. amend. IV. Searches a…

Responding to a report of suspicious activity in the area, a police officer unlawfully detained a bystander who had no apparent connection to the report. The officer ran a records search and learned …

Officers stopped defendant and appellant Vernon Evans after they observed him commit traffic violations. When Evans refused to comply with a command to exit his automobile, officers broke the vehicle…

The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const. amend. IV. A “search” i…

"An individual asserting Fourth Amendment rights must demonstrate that he personally has an expectation of privacy in the place searched, and that his expectation is reasonable." United States v. Rus…

In April 2021 the Springfield, Illinois police saw a Snapchat post of Jeremy Banks barbequing on his front porch with a gun sitting on the grill's side shelf. Because Banks was a convicted felon, the…

Synopsis

Background: Lessee of motorized electric scooters brought action challenging constitutionality of city program requiring companies that leased such scooters to obtain permits from the city de…

A search typically requires a warrant based on probable cause. SeeUnited States v. Dalton , 918 F.3d 1117, 1127 (10th Cir. 2019). "Searches conducted without a warrant are per se unreasonable under t…

In People v. Lee (2019) 40 Cal.App.5th 853 [253 Cal.Rptr.3d 512], the court held a defendant's possession of a small amount of marijuana could not justify a probable cause search. (Id. at p. 856.) Af…

The  familiar  Mirandawarnings  are  required  for  the  “in-custody  interrogation  of persons suspected or accused of crime.” Miranda v. Arizona, 384 U.S. 436, 467 (1966) (emphasis added).  And wit…

Response to "Error to allow juror to participate in criminal trial remotely by Zoom?" at https://youtu.be/4YrIOHuMZMM


The Confrontation Clause of the Sixth Amendment to the United States Constitution …

The Court of Appeals, Lasnik, District Judge, sitting by designation, held that: 
district court's alleged error in permitting juror to participate in criminal trial remotely did not fall within limit…

The following are the top 5 videos from LAWSTACHE in 2022 based on the number of views. 

0:00 Introduction to top videos and cases

1:50 1. Is carrying a concealed knife or box cutter legal in Californi…

Appellant-Defendant Paulo Lara appeals his conviction for being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g (1). At the time of his arrest, Lara was subject to…

Holding that "because the hotel did not actually evict [the defendant], he maintained a reasonable expectation of privacy in his hotel room," and explaining that "[b]eing arrested is different from b…

This is a response video to a comment left by JO BR on "Can FBI record citizens in a hotel room with a secret hidden camera without a warrant? Nerber (2000)" video found at https://youtu.be/txO6CPt7J…

Evidence derived from video surveillance of a hotel room was suppressed by the United States District Court for the Western District of Washington, Thomas S. Zilly, J., and the United States appealed…