On Appeals: Sound and Fury? A Look at the Supreme Court's Fourth Amendment Decisions in the 2020-21 Term
While the Supreme Court's recent term will certainly generate a wave of Fourth Amendment litigation, whether these opinions are all sound and fury signifying nothing remains to be seen, according to California Appellate Law Group's Kirstin Ault.
August 18, 2021 at 09:11 PM
8 minute read
LitigationThe most recent U.S. Supreme Court term yielded three eye-catching criminal cases interpreting the Fourth Amendment. At first glance, Lange v. California, Caniglia v. Strom, and Torres v. Madrid appear to announce sweeping new rules curtailing law enforcement's ability to conduct searches and seizures. But, a closer look reveals each opinion was carefully drawn to limit its scope so that, as the court itself acknowledges, these decisions are unlikely to have significant impact on the conduct of law enforcement or the fate of criminal prosecutions.
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