303-837-9800

Stacks Image 1030
Stacks Image 1069

Blog

To view the archive, click here.

Search

Archives

Safe as Houses: The Fourth Amendment and Your Home

In the last post we talked about the seminal case on the Fourth Amendment, Katz v. United States. Famously, the opinion in that case says that " . . . the Fourth Amendment protects people, not places."

Read more

Don't They Need A Warrant For That? Fourth Amendment Basics

Criminal defense attorneys are practically always pressing Fourth Amendment arguments for two reasons: 1) the stakes are high. The benefit of winning a motion to suppress on the basis of a Fourth Amendment violation is that the evidence can not be used at trial (which frequently, but not always, ends the prosecution). 2) There are so many exceptions (and exceptions to the exceptions) and criss-crossing court decisions that there is almost always an argument good enough to be make. If the rules were clearer, there would be less to fight over.

Read more

Show more posts

Disclaimer: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog should be construed as legal advice from The Eichner Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this blog should act or refrain from acting on the basis of any information included in, or accessible through, this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.