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Fourth Amendment

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Fourth Amendment Bars Ordering A Suspect’s Erection

Fortunately, the United States Court of Appeals for the Fourth Circuit has this month confirmed that the Fourth Amendment to the United States Constitution bars ordering a male criminal suspect to produce an erection.

Arrest- Fairfax criminal lawyer on challenging detentions every time

Police love making arrests. As a Fairfax criminal lawyer, I know that police are not only to look to prosecute for the arrest itself, but also to possibly find contraband on the arrestee that will enable further criminal charges. Police are also going to look...

A cop needs probable cause to say s/he will search

A cop needs probable cause to say s/he will search a suspect or the suspect's property. If the suspect responds by consenting to a search, handing over contraband or telling where the contraband will be found, the Defendant may still challenge whether the police officer...

Dissenting federal appellate judge bemoans the Drug War’s toll on the Constitution

Nearly two generations of Americans, born since 1980, knows of no life other than that under the drug wars spurred during the Reagan administration, complete with metal detectors and other intrusive searches in schools without particularized suspicion; draconian drug sentencing regimes involving lengthy mandatory minimum...