Border Searches Cover The Entire State of Michigan I remember sitting in my constitutional law class when the professor began his lecture on border searches, and when he explained the basis of these types of searches I was a little surprised. There has always been a decrease in personal and constitutional rights when entering a…

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No Criminal Charges For Refusing Blood Draws – Birchfield v North Dakota: Supreme Court of the United States The Supreme Court of the United States (SCOTUS) recently rendered an opinion, in Birchfield v North Dakota, indicating that criminal charges cannot ensue for individuals refusing blood draws after being requested by a police officer. North Dakota previously criminally…

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U.S. Supreme Court Opinion Breakdown – Utah v Strieff The U.S. Supreme Court in Utah v Strieff upset many individuals with its opinion because the court essentially allowed for illegally obtained evidence to be used to convict an individual due to the attenuation doctrine. The issue before the Court, in Utah v Strieff, was based upon…

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Cellphone Tower Data Is Not Constitutionally Protected Recently in 2016, a 6th Circuit Court of Appeals held that there was no 4th Amendment protection for cellphone tower data because it was determined that there is no expectation of privacy for the information exchanged between a cellphone and a cellphone tower when an individual is accessing…

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Dog Sniff Search Limited by SCOTUS The Supreme Court of the United States wrote an opinion on April 21, 2015, where it explained that police officers are limited in time and cause when executing a dog sniff search on a motor vehicle. In Rodriguez v United States, the Court was faced with a case involving a…

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What Is The Vehicle Search Exception? Once an individual motorist has been pulled over and the police officer has probable cause to perform a vehicle search a warrant will not be necessary in order to actually vehicle search. This is known as the Motor Vehicle Search Exception to the Fourth Amendment’s requirement of first obtaining…

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Stop and Frisk or Pat Down – When Can It Occur? A police officer has three opportunities to perform a search (or a stop and frisk or pat down) on an individual: (1) A Search Warrant, (2) Consent, or (3) A Search After Arrest. All three ways or opportunities to search are fairly straight-forward. However,…

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Warrantless Home Search By Law Enforcement Can Happen  Generally, Law Enforcement (or Police) are not allowed to enter your home without a warrant; however, some circumstances can allow for them to perform a warrantless home search (meaning without a warrant or your consent). Those instances allowing for a warrantless home search are referred to as exigent circumstances. Emergency…

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GPS Tracking Devices In United States v Jones – United States Supreme Court The United States Supreme Court held that GPS tracking devices were not allowed to be attached an individual’s vehicle unless the government has first obtained a warrant to attach such a device. See United States v Jones. The defendant Jones was being…

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Consent To Search – When To Deny?  A consent to search occurs more often than not. Many people believe that if they agree to consent to search it may provide for a better outcome with the police officer. That is not always true, and it is best to never consent to search. The State or…

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