I call this section 'search and seizure', because it's original intent was to cover exactly that. I suspect in the future that I will expand this out a bit to be inclusive of the Fourth and Fifth Amendment cases that I find to be interesting for whatever reason. There is no particular order here, but in general, you'll find newer stuff on top.


Carpenter vs. United States

On 11/29/17 a case concerning warrantless cell-phone tracking was heard at oral arguments before the Supreme Court. This issue is bigger than most folk think, as it covers many issues that will become increasingly relevant to all of us as time passes and more of our lives becomes computerized, and we all carry little tracking devices on our persons, in the guise of a cell phone. While you can't always tell exactly what justices are thinking based on their questions, as they will sometimes play devils' advocate just for the heck of it, and oral arguments are a bit of theater, it is still interesting to read through what arguments and questions they are thinking are most important.

When the actual decision is posted next year, I will post a copy here as well. I converted the original PDF from the court into HTML to make it a bit easier to read. It is not as clean as it probably could be, but is at least better than the original PDF.


United States v. Banks

(02-473) 282 F.3d 699, reversed.

This case was decided on 12-03-2003. Apparently the supreme court believes that cops don't have to have the common decency to wait more than twenty seconds before busting down somone's door. Apparently "Drugs" is the root passphrase to the Constitution.


Knowles v. Iowa

(97-7597)569 N. W. 2d 601, reversed and remanded.

This case concerns "stop" and search rules.


Illinois v. Wardlow

(98-1036) 183 Ill. 2d 306, 701 N. E. 2d 484, reversed and remanded.

This case concerns "stop" and search rules.


Wyoming v. Houghton

(98-184) 956 P.2d 363, reversed.

This case concerns "stop" and search rules.


Florida v. White

(98-223) 710 So. 2d 949, reversed and remanded.

This case concerns search and seizure.


Indianapolis v. Edmond

(99-1030) 183 F.3d 659,affirmed

This case concerns vehicular stops, search and seizure.


Kyllo v. United States

(99-8508) 190 F.3d 1041, reversed and remanded.

This case concerns using surveillance aircraft to look at houses to see if agents of the state can detect heat signatures that might indicate possible indoor marijuana cultivation.


Indiana v. Gerschoffer

Court of Appeals of Indiana

This is a state court decision of the kind that would not normally be posted here. However, it was such a wonderful read, that it must be included.

The following is a direct swipe from the state court at the lengths SCOTUS will go to emasculate the constitution:

Some courts have invoked "great public concern" about the danger of intoxicated drivers on our roadways as an excuse to manufacture new rules which have eroded the Fourth Amendment. See Garcia, 500 N.E.2d at 161-62; see also Sitz I, 596 U.S. at 451; Brown, 443 U.S. at 50. But our judiciary has no license to authorize the systematic violation of individual rights in the name of "great public concern," a theory of federal search and seizure law that finds no basis in the text, history, or well-settled interpretation of the Indiana Constitution. We will not sacrifice the rights guaranteed under Article I, Section 11 for an indeterminate social agenda of "great public concerns."



Other Important Cases
Bernstein v. USDOJ
U.S. Ninth Circuit Court of Appeals
Opinion Concurring Dissent
This case concerned the export of encrypted software, classified as a 'munition' by FedGov.
Idaho v. United States (00-189)
210 F.3d 1067, affirmed.
Syllabus Opinion
Dissent
[ Rehnquist ]
This case concerns a State versus Federal land issue.
Federal Election Commission v.
Colorado Republican Federal Campaign Commission (00-191)
213 F.3d 1221, reversed.
Syllabus Opinion
[Souter]
Dissent
[Thomas]
This case concerns contributions to federal election campaigns.
New York Times Co. v. Tasini (00-201)
206 F.3d 161, affirmed.
Syllabus Opinion
[ Ginsburg ]
Dissent
[Stevens]
This case concerns a writer for the NYTimes who was not compensated by the company when his articles where included in a database of NYTimes articles.
United States v. United Foods, Inc. (00-276)
197 F.3d 221, affirmed.
Syllabus Opinion
[ Kennedy ]
Concurrence
[Stevens]
Concurrence
[Thomas]
Dissent
[Breyer]
At it's heart, this is a case concerning Free Assocation.
Florida v. Thomas (00-391)
Certiorari dismissed for want of jurisdiction.
Reported below: 761 So. 2d 1010.
Syllabus
Opinion
[ Rehnquist ]
This case concerns when the Supreme Court can have jurisdiction over a case.
Lorillard Tobacco Co. v. Reilly (00-596)
218 F.3d 30, affirmed in part, reversed in part, and remanded.
Syllabus Opinion
[O'Connor]
Concurrence
[ Kennedy ]
Concurrence
[Thomas]
Other
[Souter]
Other
[Stevens]
This case has to do with federal pre-emption.
Reno v. Condon (98-1464)
155 F.3d 453, reversed.
Syllabus Opinion
[ Rehnquist ]
This case concerns the "Drivers License Protection Act".
Department of Commerce v. United States House (98-404)
No. 98-404, 11 F. Supp. 2d 76, appeal dismissed; No. 98-564, 19 F. Supp. 2d 543, affirmed.
Syllabus
 
Opinion
[O'Connor]
Concurrence
[Scalia]
Dissent
[Stevens]
Dissent
[ Ginsburg ]
Other
[Breyer]
This case concerns the census and whether FedGov can use statistical sampling.
Nevada v. Hicks (99-1994)
196 F.3d 1020, reversed and remanded.
Syllabus
Opinion
[Scalia]
Concurrence
[Souter]
Concurrence
[ Ginsburg ]
Concurrence
[ Connor ]
Concurrence
[Stevens]
This case concerns state jurisdiction over territory that is part of an indian reservation.
GOOD NEWS CLUB v. MILFORD CENtrAL SCHOOL (99-2036)
202 F.3d 502, reversed and remanded.
Syllabus Opinion
[Thomas]
Concurrence
[Scalia]
Concurrence
[Breyer]
Dissent
[Stevens]
Dissent
[Souter]
This case involves a school that attmpted to refuse use of school property to an organization because it was Christian.
PALAZZOLO v. RHODE ISLAND (99-2047)
746 A. 2d 707, affirmed in part, reversed in part, and remanded.
Syllabus Opinion
[Kennedy]
Concurrence
[Connor]
Concurrence
[Scalia]
Dissent
[Ginsburg]
Dissent
[Breyer]
Other
[Stevens]
This case concerns property rights.
Eldred v. Reno
D.C. Cir. Opinion
Opinion
This case concerns copy right law. It is, in my opinion, a big loss for all of it as it has direct negative influence on the volume of works that are in the public domain.
Zadvydas v. Davis (99-7791)
185 F.3d 279 and 208 F.3d 815, vacated and remanded.
Syllabus Opinion
[ Breyer ]
Dissent
[ Scalia ]
Dissent
[ Kennedy ]
This case, while not the normal type of case I would post here is important nonetheless because it concerns conditions where a person not charge with a crime can be held in detention by FedGov.
State of Idaho v. Horiuchi, 9830149
Appeal from the United States District Court
for the District of Idaho
Opinion Dissent
For those who are unaware, Lon Horiuchi is the FBI agent who shot a woman in the head while she was armed only with her baby. This particular case goes to prove that Orwell was right: Some Animals Are More Equal Than Others
William Jefferson Clinton, Petitioner
v.
Paula Corbin Jones
Opinion
[ Stevens ]
Concur
[ Breyer ]
Syllabus
As you might guess from the title, this is the Supreme Court opinion concerning ex-president Clinton and Paula Jones