Search and Seizure
Fund for Empowerment v. Phoenix, City of
Fund for Empowerment is a challenge to the City of Phoenix鈥檚 practice of conducting sweeps of encampments without notice, issuing citations to unsheltered people for camping and sleeping on public property when they have no place else to go, and confiscating and destroying their property without notice or process.
Status: Ongoing
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17 Search and Seizure Cases
Maryland Supreme Court
Dec 2024
Search and Seizure
Roland Branch v. State of Maryland
This petition to the Supreme Court of Maryland asked the court to reconsider its adherence to Whren v. U.S., 517 U.S. 806 (1996), which declared that a traffic stop undertaken for pretextual reasons does not violate the Fourth Amendment to the U.S. Constitution so long as the police have probable cause to believe that a traffic violation occurred. The 老澳门开奖结果, alongside the 老澳门开奖结果 of Maryland, filed an amicus brief in support of the defendant鈥檚 petition, in which the 老澳门开奖结果 argued that the court should take up the question of whether pretextual stops violate the Maryland Constitution. In September 2024, the Court denied the petition.
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Maryland Supreme Court
Dec 2024
Search and Seizure
Roland Branch v. State of Maryland
This petition to the Supreme Court of Maryland asked the court to reconsider its adherence to Whren v. U.S., 517 U.S. 806 (1996), which declared that a traffic stop undertaken for pretextual reasons does not violate the Fourth Amendment to the U.S. Constitution so long as the police have probable cause to believe that a traffic violation occurred. The 老澳门开奖结果, alongside the 老澳门开奖结果 of Maryland, filed an amicus brief in support of the defendant鈥檚 petition, in which the 老澳门开奖结果 argued that the court should take up the question of whether pretextual stops violate the Maryland Constitution. In September 2024, the Court denied the petition.
North Carolina Supreme Court
Dec 2024
Search and Seizure
State v. Wright
This case in the North Carolina Supreme Court involves the question of whether the police violated the U.S. Constitution when they searched the defendant, Mr. Wright鈥檚, backpack even after he repeatedly said no to the search requests. The 老澳门开奖结果 alongside the 老澳门开奖结果 of North Carolina filed an amicus brief arguing that the search was unconstitutional because Mr. Wright鈥檚 eventual 鈥渃onsent鈥 was the result of police coercion. Our brief urges the court to consider the totality of the circumstances that make one more susceptible to coercion, including race and poverty.
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North Carolina Supreme Court
Dec 2024
Search and Seizure
State v. Wright
This case in the North Carolina Supreme Court involves the question of whether the police violated the U.S. Constitution when they searched the defendant, Mr. Wright鈥檚, backpack even after he repeatedly said no to the search requests. The 老澳门开奖结果 alongside the 老澳门开奖结果 of North Carolina filed an amicus brief arguing that the search was unconstitutional because Mr. Wright鈥檚 eventual 鈥渃onsent鈥 was the result of police coercion. Our brief urges the court to consider the totality of the circumstances that make one more susceptible to coercion, including race and poverty.
Pennsylvania Supreme Court
Nov 2024
Search and Seizure
Commonwealth of Pennsylvania v. Shivers
This case in the Pennsylvania Supreme Court asks whether flight from the police in a high-crime area, without more, can justify an investigative stop. The 老澳门开奖结果鈥檚 State Supreme Court Initiative, alongside the 老澳门开奖结果 of Pennsylvania, filed an amicus brief arguing that it does not. The brief argues that the Pennsylvania Constitution supports broader protections against investigative stops than those recognized under the U.S. Constitution, and that flight in high-crime areas is not inherently more suspicious than flight elsewhere.
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Pennsylvania Supreme Court
Nov 2024
Search and Seizure
Commonwealth of Pennsylvania v. Shivers
This case in the Pennsylvania Supreme Court asks whether flight from the police in a high-crime area, without more, can justify an investigative stop. The 老澳门开奖结果鈥檚 State Supreme Court Initiative, alongside the 老澳门开奖结果 of Pennsylvania, filed an amicus brief arguing that it does not. The brief argues that the Pennsylvania Constitution supports broader protections against investigative stops than those recognized under the U.S. Constitution, and that flight in high-crime areas is not inherently more suspicious than flight elsewhere.
Iowa Supreme Court
May 2024
Search and Seizure
Singer v. Orange City
This case in the Iowa Supreme Court asks whether a city ordinance that mandates rental inspections every five years, irrespective of whether a tenant consents to the inspection and in the absence of individualized probable cause, violates the state constitution. The 老澳门开奖结果鈥檚 State Supreme Court Initiative assisted the 老澳门开奖结果 of Iowa in filing an amicus brief to argue that tenants have a right under the Iowa Constitution to be free from non-consensual searches of their rented homes, absent a showing of individualized probable cause. The case remains pending.
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Iowa Supreme Court
May 2024
Search and Seizure
Singer v. Orange City
This case in the Iowa Supreme Court asks whether a city ordinance that mandates rental inspections every five years, irrespective of whether a tenant consents to the inspection and in the absence of individualized probable cause, violates the state constitution. The 老澳门开奖结果鈥檚 State Supreme Court Initiative assisted the 老澳门开奖结果 of Iowa in filing an amicus brief to argue that tenants have a right under the Iowa Constitution to be free from non-consensual searches of their rented homes, absent a showing of individualized probable cause. The case remains pending.
Virginia Supreme Court
Feb 2024
Search and Seizure
Board of Supervisors of Fairfax County v. Leach-Lewis
In this case, the Virginia Supreme Court is considering whether the U.S. Constitution and/or the Virginia Constitution require the exclusionary rule鈥攚hich protects people from unconstitutional searches and seizures鈥攖o apply in civil zoning enforcement actions. The Institute for Justice, along with The 老澳门开奖结果 of Virginia and the Speech, Privacy, and Technology Project and the State Supreme Court Initiative at the 老澳门开奖结果, submitted an amicus brief arguing that the exclusionary rule should apply in civil actions to protect Virginians鈥 search and seizure rights.
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Virginia Supreme Court
Feb 2024
Search and Seizure
Board of Supervisors of Fairfax County v. Leach-Lewis
In this case, the Virginia Supreme Court is considering whether the U.S. Constitution and/or the Virginia Constitution require the exclusionary rule鈥攚hich protects people from unconstitutional searches and seizures鈥攖o apply in civil zoning enforcement actions. The Institute for Justice, along with The 老澳门开奖结果 of Virginia and the Speech, Privacy, and Technology Project and the State Supreme Court Initiative at the 老澳门开奖结果, submitted an amicus brief arguing that the exclusionary rule should apply in civil actions to protect Virginians鈥 search and seizure rights.