Criminal Law and Procedure

Recent Posts

Supreme Court Prohibits Warrantless Cell Phone Searches Incident to Arrest: While the Fourth Amendment Remains Invariant, Technology Alters the Facts and Legal Conclusions
Posted on 22 Jul 2014 by David Bender

By David Bender The reduced expectations of privacy caused by an arrest do not mean the Fourth Amendment, [ enhanced version available to subscribers ], no longer applies. The United States argued that a search of all data stored on a... Read More

Jay Shapiro on Rodriguez v. United States: The Supreme Court Hears Oral Argument on the Reasonableness of a Traffic Stop Extended for a Canine Sniff
Posted on 19 Feb 2015 by Jay Shapiro

Rodriguez v. United States presents an important issue concerning permissible police conduct during a traffic stop, particularly: after a law enforcement officer has completed a traffic infraction stop, does the continued detention of the driver to conduct... Read More

The Fourth Amendment Prohibits Carte Blanche Review of Email Accounts by the Government
Posted on 29 May 2014 by Foley & Lardner LLP

Those office employees who have rolled the dice and sent emails clearly not suitable for work would be glad to know that their email accounts are protected from government intrusion by the Fourth Amendment [ enhanced version available to subscribers... Read More

Jay Shapiro on Riley v. California and United States v. Wurie: Supreme Court Determines Legality of Cell Phone Searches Incident to Arrest
Posted on 7 Aug 2014 by Jay Shapiro

In Riley v. California and United States v. Wurie, ( David Leon Riley v. State of California , No. 13-132, United States v. Brima Wurie , No. 13-212, U.S. Sup.; 2014 U.S. LEXIS 4497) [ subscribers may access Supreme Court briefs and the opinion... Read More

Jay Shapiro on Missouri v. McNeely and the Warrant Requirement in Drunk Driving Cases
Posted on 10 Sep 2013 by Jay Shapiro

The fact pattern is familiar to many criminal defense attorneys: the client is arrested, suspected of driving while intoxicated. The driver refuses to participate in a breathalyzer test and is not willing to voluntarily provide a blood sample. Then, without... Read More

New Jersey Supreme Court: Cell Phone Users Have Privacy Interest In Cell Phone Location Information
Posted on 13 Aug 2013 by Peter J. Gallagher

The New Jersey Supreme Court has ruled that police cannot access the location information revealed by your cell phone without first acquiring a warrant based on probable cause. In State v. Earls , [ enhanced version available to subscribers... Read More