Fourth Amendment

In a four-page opinion the U.S. Supreme Court held unanimously in Caniglia v. Strom that police community caretaking duties don’t justify warrantless searches and seizures in the home.

During an argument with his wife, Edward Caniglia put a handgun on their dining room table and asked his wife to “shoot [him] now and get it over with.” After spending the night at a hotel Caniglia’s wife couldn’t reach him by phone and asked police to do a...

In Heck v. Humphrey (1994), the Supreme Court held that a plaintiff can’t bring a civil suit for wrongful conviction unless his or her conviction was “favorably terminated.” But what if charges were dropped and the plaintiff was never convicted? In Thompson v. Clark the Supreme Court will decide when a plaintiff who was charged but never prosecuted may bring a malicious...

In a Supreme Court amicus brief filed in Caniglia v. Strom, the State and Local Legal Center (SLLC) argues the Fourth Amendment “community caretaking” exception to the warrant requirement should extend beyond automobiles.

A police officer determined Edward Caniglia was “imminently...

In United States v. Cooley the Supreme Court will decide whether tribal police have the authority to temporarily detain and search a non-Indian on a public right-of-way within a reservation based on a potential violation of state or federal law.

The Ninth Circuit held the tribal officer has no such authority unless a legal violation is “obvious” or “apparent.” If it isn’t, any evidence obtained in the search must not be used against...

The issue the Supreme Court will decide in Caniglia v. Strom is whether the Fourth Amendment “community caretaking” exception to the warrant requirement extends to the home.

A police officer determined Edward Caniglia was “imminently dangerous to himself and others” after the previous evening he had thrown a gun on the dining room table and said something to his wife like “shoot me now and get it over with.” Officers convinced Caniglia to go...

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