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Third Circuit finds narcotic dog's instinctive jump into suspect’s car non-violative of Fourth Amendment - United States v. Pierce, 2010 U.S. App. LEXIS 20212 (Oct. 1, 2010)

Last week, the Third Circuit addressed the admissibility of evidence that was discovered after a narcotics dog alerted outside a vehicle's passenger window, jumped into the open driver's side door, and alerted to the dashboard area of the car. In United States v. Pierce , 2010 U.S. App. LEXIS...

Posner on Quon v. Arch Wireless Operating Co.

By Steve C. Posner, Attorney, Posner Law Firm When is notice to a government employee that an employer may conduct surveillance of employee communications sufficient under the Fourth Amendment? What are the Fourth Amendment privacy rights of third parties with whom the government employee has communicated...

Michele L. Berry on United States v. Maynard and GPS Surveillance: Prolonged Surveillance Equates a Search under the Fourth Amendment

By Michele L. Berry “In United States v. Maynard , 615 F.3d 544 (D.C. Cir. 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] the D.C. Circuit Court of Appeals conducted a Fourth Amendment review of the use of a GPS monitoring...

Camreta v. Greene: Will the Supreme Court Reach an Important Fourth Amendment Issue Concerning the Questioning of Witnesses?

By Jay Shapiro, Partner Katten Muchin Rosenman LLP “If the Supreme Court finds its way to one of the critical issues in Camreta v. Greene , 588 F.3d 1011 (9th Cir. Or. 2009) (Free unenhanced version of the opinion available from lexisONE Free Case law), it will have the opportunity to address...

Does Mistaken Use of Handgun Instead of Taser Constitute Excessive Force?

Police responded to loud music complaints at a residence, and at the scene, the arrestee was handcuffed and placed in the back of a police car. The arrestee fell asleep, but when he awoke, he started screaming and kicking the rear car door. One of the police officers opened the door, pulled out her weapon...