Tag: Fourth Amendment

Does the ADA Apply to Arrests?

The Supreme Court has agreed to review a Ninth Circuit decision ruling that individuals with mental illnesses must be accommodated under the ADA when being arrested. Getty images The Fourth Amendment applies to arrests, no question about it.  What about the Americans with Disabilities Act (ADA)?  Specifically, do individuals with mental illnesses have to be accommodated under the ADA when

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Supreme Court Preview for Cities

Even though the Supreme Court’s next term won’t officially begin until October 6, the Court has already accepted about 40 of the 70 or so cases it will decide in the upcoming months. For a more detailed summary of all the cases the Court has accepted so far affecting cities, read the State and Local

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Privacy Please: Supreme Court Requires a Warrant to Search Cell Phones

Warrantless searches of cellphones?  Simple question.  Simple answer.  No (generally). In Riley v. California the Supreme Court held unanimously that generally police must first obtain a warrant before searching an arrested person’s cellphone.  The Court readily admitted that its decision will impact law enforcement’s ability to combat crime.  But the Court reminds readers that privacy

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Unqualified Win in Qualified Immunity Cases

The Supreme Court resolves circuit splits (where federal circuit courts of appeals have decided the same issue differently) and isn’t an error correcting Court.  But you would not know that if you looked just at the Court’s two unanimous qualified immunity decided this week. State and local government officials can be sued for money damages

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Anonymous Tip: No Corroboration? No problem!

Does an anonymous, unverified tip of dangerous driving justify a traffic stop? Yes, says a divided Supreme Court. In Prado Navarette v. California, an anonymous 911 caller reported that a vehicle had run her off the road.  The Court held 5-4 that a police stop complied with the Fourth Amendment because, under the totality of

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