Topic: Fourth Amendment
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Alabama immigration law faces legal challenge: Can it survive?
Federal lawsuits have been filed against five states that have passed tough anti-illegal-immigration bills. Here is the legal state of play for all five state laws:
All Content
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Was Taser use on pregnant woman excessive force? Supreme Court declines case.
The Supreme Court refused the case of a pregnant woman who was ticketed for speeding in a school zone in Seattle. When she refused to get out of her car, police used a Taser to shock her three times.
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Judge strikes down 'suspicionless' drug testing of Florida state workers
A federal judge's ruling strikes down Florida's first-in-the-nation drug testing law – and could give pause to other states considering suspicionless drug testing of state workers or others receiving state funds.
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Supreme Court approves strip searches for minor offenses
Jail officials are justified in performing strip searches as a reasonable precaution to maintain safety and order at their facilities, the Supreme Court said Monday.
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Rights at Risk
Are Americans in the process of abandoning their rights?
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Drug testing: Florida aims to be first to test public workers
New Florida drug-testing law allows agency heads to randomly test public workers for illegal drugs, prescription drugs, and alcohol. But it exempts the governor and state legislators.
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Is taking DNA a reasonable search? US judges uphold California law.
A 2004 California law permits DNA samples taken from adults arrested for felonies to be stored in a national database. Challengers said that violates Fourth Amendment privacy protections.
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Unanimous Supreme Court: Get a warrant before installing GPS tracking device
The ruling upholds a broad right to be free from unreasonable searches. But it also highlights a struggle within the Supreme Court to balance law enforcement objectives with privacy concerns.
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The Vote
New Hampshire Republican debate: Why isn't Ron Paul attacking Mitt Romney?
The New Hampshire debate Saturday was marked by a conspicuous lack of attacks on front-runner Mitt Romney, even from flamethrower Ron Paul. That Republican debate strategy might not work for Romney's challengers long-term.
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Does drug dog sniff outside home violate privacy? Supreme Court takes case. (+video)
The Supreme Court will examine a case in which a drug dog signaled the presence of narcotics after being brought to the door of a home. A warrant was obtained, and growing marijuana was found.
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Supreme Court to weigh: Can man sue Secret Service agents in Dick Cheney case?
Two Secret Service agents arrested a Colorado man who criticized US policy in Iraq during a public appearance by Dick Cheney in 2006. The Supreme Court agreed Monday to take the case.
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Can right to privacy bar a strip search in jail? Supreme Court hears case.
A motorist jailed for a minor offense in 2005 says two New Jersey jails violated his privacy rights by subjecting him to a strip search. The jails told the Supreme Court that security justifies the practice.
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US Supreme Court opens, likely to wade into health care debate
It seems inevitable that the US Supreme Court will agree to hear the legal challenge to President Obama’s health care reform law, the Affordable Care Act. As the court opens Monday, gun laws, immigration, racial preferences, and separation of church and state loom as major issues as well.
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Did TSA airport screeners violate free speech rights of bare-chested student?
A US judge in Virginia allows a college student to sue two TSA screeners over his arrest after he stripped off his clothes to reveal a protest message written on his chest.
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Federal court: If you're arrested, officials can take a DNA sample
A legal challenge to the federal law that allows authorities to take DNA samples from people who have been arrested or detained – prior to any conviction – was rejected by a federal court.
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Alabama immigration law faces legal challenge: Can it survive?
Federal lawsuits have been filed against five states that have passed tough anti-illegal-immigration bills. Here is the legal state of play for all five state laws:
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GPS tracking device: Supreme Court to consider its use in following suspects
GPS tracking device was installed by FBI agents to follow a man who was convicted of a drug conspiracy charge. The Supreme Court will consider: Is a warrant needed for long-term surveillance?
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Did jail strip search go too far? Supreme Court lets ruling stand.
A federal appeals court ruled that a woman's intimate search of a male inmate – which was filmed and watched by dozens – was unreasonable. The Supreme Court declined to take the case.
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Supreme Court: US Muslim cannot sue Ashcroft for 2003 detention ordeal
Former Attorney General John Ashcroft is entitled to qualified immunity and cannot be sued by an American Muslim detained under harsh conditions in 2003, the US Supreme Court ruled Tuesday.
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Supreme Court: No warrant needed if police discern destruction of evidence
The Supreme Court ruled 8 to 1 on a Kentucky case in which police broke into an apartment after smelling marijuana and hearing sounds suggesting evidence was being destroyed.
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TSA aimed to put body scanners in public places
TSA denies it used airport body scanners elsewhere. But documents show it tested similar technology at a commuter train station in New Jersey and signed contracts for more scanning in public places.
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Why is Patriot Act under fire if homegrown terror threat is rising?
Amid new terror threats, US security officials say renewing key domestic spying provisions of the Patriot Act is critical to keep the US safe. Yet lawmakers are raising questions about the law.
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US judge dismisses lawsuit against Bush wiretap program
The suit had asked the courts to declare the Terrorist Surveillance Program illegal and unconstitutional. But a judge said the group challenging the wiretap program lacked legal standing.
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Are TSA pat-downs and full-body scans unconstitutional?
The TSA says the pat-downs and full body scans are necessary to keep airliners safe. But critics ask if such intimate searches violate the Fourth Amendment.
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Oil spill panel: a push for subpoena power in Deepwater Horizon probe
Senate Republicans have blocked subpoena power for President Obama's oil spill commission. The commission's chief counsel will push for it again, arguing it's needed to learn the truth about the Deepwater Horizon rig.
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Can US kill American-born cleric Anwar al-Awlaki? Judge to hear case.
American-born cleric Anwar al-Awlaki is hiding in Yemen, where he's a leader of Al Qaeda in the Arabian Peninsula. He's trained terrorist recruits and helped prepare the Christmas Day bomber.
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