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Ryan Soh | Is Geofence Warrant Evidence Admissible Under the Fourth Amendment of the Constitution?

The Fourth Amendment of the United States Constitution protects U.S. citizens from unreasonable searches and seizures, and further provides that warrants must be backed by probable cause. The government cannot violate a person’s “reasonable expectation of privacy” under the Fourth Amendment. United States v. Jones, 565 U.S. 400, 406 (2012).

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Constitutional Law, Fourth Amendment Emory ELSSCAP Constitutional Law, Fourth Amendment Emory ELSSCAP

Benjamin Nigrin | The Continued Retention of Seized Property Under the Fourth Amendment

The Fourth Amendment to the U.S. Constitution protects against unreasonable seizures. U.S. Const. amend. IV. In pertinent part, the text of the Fourth Amendment provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Id.

On August 31, 2020, Oyoma Asinor was photographing a protest near Lafayette Park in the District of Columbia when he was arrested by the Metropolitan Police Department (“MPD”). The MPD took Mr. Asinor’s cell phone, camera, and other personal items incident to the arrest but released him later that day. Mr. Asinor was never charged with any crime resulting from the arrest. Despite Mr. Asinor’s repeated requests over the following months, the MPD withheld his property for nearly a year.

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