Understanding Probable Cause vs Reasonable Suspicion The Fourth Amendment protects us against unreasonable searches and seizures. To determine whether law enforcement has an adequate standard of proof to perform a search or seizure can be a particularly complicated question. To protect your rights, not only is it helpful to know how to respond to law… Read More
Fourth Amendment/Unreasonable Search And Seizure
Searches of Electronic Devices
Travelers in the United States need to be prepared to have digital device like cell phones and laptops searched by United States law enforcement. Statistics compiled by the Customers and Border Protection reveal that border agents are increasing the number of electronic device searches. This data reveals that over the last six months, nearly 15,000 electronic… Read More
What is the Exclusionary Rule and can it Help Me?
The Fourth Amendment of the United States Constitution was written to include the exclusionary rule, which protects individual from unreasonable or illegal searches and seizures. The exclusionary rule is a type of remedy used by courts of law when someone violates a person’s Miranda rights. The rule was created with the intention to prevent law… Read More
Can the Police Track My Phone?
It is difficult to find a person who not only does not have a cell phone but does not have that cell phone on him or her at all times and using that cell phone to make calls, texts, send emails, and browse the internet whenever and wherever he or she is. Most people do… Read More
Police Cannot Stop Your Car and Search it Because You “Might” Be Texting
Similar to many states, Georgia law prohibits texting while driving. The law states that a driver may not operate his or her vehicle “…while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data.” This law was… Read More
The Exception to the Exclusionary Rule
In our last few blog posts, we have discussed with the exclusionary rule and how it does not go far enough to protect the civil rights that are guaranteed to you by the Fourth Amendment. While the exclusionary rule provides an excellent way for criminal defense attorneys, like those at the Federal Criminal Law Center,… Read More