Writing in concurrence, Justice Brett Kavanaugh claimed that it was only "common sense" to allow immigration agents to stop ...

The right to be free from unreasonable search and seizure had an up-and-down sort of year at the U.S. Supreme Court. Back in ...

In the last year or two, the U.S. Department of Justice has been arguing in federal courts of appeals that Terms of Service can narrow or eliminate Fourth Amendment ...

Part of the Murthy v. Missouri challengers' claim is that the First Amendment bans the government from even "substantially encouraging" private entities to block user speech. And as I noted in the ...

The Fourth Amendment provides a critical privacy right against intrusions by government officials. Indeed, it creates three layers of protection. First, it broadly prohibits unreasonable searches and ...

When I first watched White House “border czar” Tom Homan’s rant about how immigration agents can indiscriminately detain people based on physical appearance, I was aghast. Not because it was happening ...

Earlier this month, the Supreme Court rendered obsolete the 4th Amendment’s prohibition on suspicionless seizures by the police. When the court stayed the district court’s decision in Noem vs. Vasquez ...

POLK COUNTY, Fla. — Polk County Sheriff Grady Judd is often an outspoken supporter of the Second Amendment. But this week, the sheriff is wading into debate over a different constitutional right — the ...

The Boone Town Council approved a Fourth Amendment Workplace Resolution on Dec. 10 aimed at reinforcing constitutional ...

It has been seven years since Professors William Baude and James Y. Stern published “The Positive Law Model of the Fourth Amendment” in the Harvard Law Review. Early this year, Professors Danielle ...

The Federalist Society produced a webinar recently that I found fascinating, not only because I was a panelist. There was a marked divergence of opinion on Fourth Amendment law. I believe I know where ...