Justice McDonald And The Fourth Amendment
Posted: October 14, 2014 Filed under: Appellate Law | Tags: fourth amendment, search, seizure, stop and frisk Leave a commentIt is still early in Justice Andrew McDonald’s judicial career, but does anyone else see the makings of a justice who is not afraid to say “no” to the state in Fourth Amendment cases?
Rights v. Utility And The Fourth Amendment Ctd.
Posted: September 6, 2014 Filed under: Appellate Law | Tags: dworkin, fourth amendment, gideon, simple justice, stop and frisk, terry stop, utilitarian Leave a commentNew York criminal defense lawyer Scott Greenfield, who blogs at Simple Justice, has a terrific follow-up on his blog to my immediately preceding post. His post is well worth reading. (He also has some very kind words to say about my post, for which I thank him.)
“Stop And Frisk” Policy Stopped and Frisked
Posted: August 13, 2013 Filed under: General Law | Tags: fourth amendment, stop and frisk Leave a commentNew York Federal District Court Judge Shira Scheindlin yesterday issued her highly anticipated ruling concerning the constitutionality of the NYPD’s “stop and frisk” program. Her conclusion:
I find that the City is liable for violating plaintiffs’ Fourth and Fourteenth Amendment rights. The City acted with deliberate indifference toward the NYPD’s practice of making unconstitutional stops and conducting unconstitutional frisks. Read the rest of this entry »