Category Archives: Fourth Amendment

This question is an important one because a search conducted without sufficient probable cause for a search warrant may be a violation of the Fourth Amendment of the Constitution. Previously, the smell of marijuana was an indicator of illegal activity. With weed now being legal for recreational use, the waters are murky.  Background: The Automobile […]

Reasonable Mistake of Law Still Gives Reasonable Suspicion This week, in an 8-1 decision, the U.S. Supreme Court ruled that the Fourth Amendment is not violated when a police officer makes a traffic stop based on a reasonable but mistaken understanding that the driver is breaking a traffic law. In Heien v. North Carolina, the […]