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Category: Fourth Amendment

We don’t need no stinking warrant

Written by Moses & Rooth on October 29, 2013

I vividly remember sitting in Professor Fletcher Baldwin’s Criminal Procedure at the University of Florida and learning about the warrant requirements of the Fourth Amendment.  I seem to recall that without a warrant searches are presumed to be invalid.  The issuance of a search warrant requires probable cause which must…Read More

The Government Is Watching

Written by Moses & Rooth on October 22, 2013

On July 30, 2013, a dividing U.S. Court of Appeals for the Fifth Circuit ruled that authorities do not need a warrant to obtain records detailing a cellphone location. The Court conducted a full evaluation of the Fourth Amendment rights in these circumstances.  The authorities will have to obtain a…Read More

Courts split on legality of warrantless cellphone searches

Written by Moses & Rooth on December 3, 2012

Our society increasingly functions via portable electronic devices. Emails have largely replaced letters, cellphone calls have largely replaced those made on landlines and an individual’s wireless Internet search history can reveal a great deal about what he or she loves, hates and does on a day-to-day basis. As convenient as…Read More

Mandatory Drug Testing for State Employees ruled Unconstitutional

Written by Moses & Rooth on April 26, 2012

A federal judge in Miami has ruled that the mandatory drug testing of government employees pursuant to Governor Scott’s Executive Order is unconstitutional.  You can read Judge Ungaro’s opinion here.

The Judge ruled that requiring drug testing of government employees violated the Fourth Amendment of the Constitution which prohibited…Read More