Justice McDonald And The Fourth Amendment

It 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?

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Rights v. Utility And The Fourth Amendment Ctd.

New 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

New 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 »