Category: Fourth Amendment

Schmidt Law Group > Blog > Fourth Amendment

No Cell Phone Search Without Warrant Says U.S. Supreme Court

COURT FINDS WARRANTLESS SEARCH OF YOUR CELL PHONE VIOLATES FOURTH AMENDMENT  The Fourth Amendment protects you against unreasonable governmental contact.  Today, the U.S. Supreme Court, in a key decision, held that you have a right to privacy and to be free from unreasonable search and seizure of your cell phone, including smart phone.  In a unanimous decision […]

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FOURTH AMENDMENT DISALLOWS WARRANTLESS BLOOD DRAW IN DUI CASES

FOURTH AMENDMENT DISALLOWS WARRANTLESS BLOOD DRAW IN DUI CASES The U.S. Supreme Court recently held that the police could not conduct a warrantless blood draw in a routine DUI investigation.  In Missouri v. McNeely, the court held that “ in drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency […]

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U.S. Supreme Court Ruled Dog Search Around Home without a Search Warrant Unconstitutional

Search warrants are required before officers can allow a trained dog to sniff around your home.  Without a search warrant it is a violation of your fourth Amendment Rights. Last week, the U.S. Supreme Court handed down its decision in Florida v. Jardines, which affirmed a Fourth Amendment Right to be secure from unreasonable search […]

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I wasn’t read my Miranda rights – will my case be dismissed (MIRANDA)

As a criminal defense attorney there is one question that I get over and over again they [police] didn’t read me my Miranda Rights, can’t we get the case dismissed or my rights were violated, shouldn’t my case be dismissed.  WRONG. Police are NOT required to give you a Miranda warning, UNLESS both of the […]

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