Case v. Montana: Possible Implications for Privacy Rights and the Emergency Aid Doctrine

Molly McInnis examines Case v. Montana, a pending Supreme Court case that addresses whether officers must have probable cause to enter a home under the Emergecy Aid Doctrine. She discusses the real-word implications the Court’s forthcoming decision could have on Fourth Amendment privacy protections and the scope of officers’ community-caretaking responsibilities. Ultimately, she argues that the decision will reveal how far the current Court is willing to extend police authority into the home.

December 10, 2025

What Does An American Look Like? Dissecting The Implications of Noem v. Vasquez Perdomo

In this Article, Abriana Malfatti analyzes the implications of the Supreme Court’s recent decision in Noem v. Vazquez Perdomo. By comparing Justice Kavanaugh’s concurrence and Justice Sotomayor’s dissent, she argues that the American public should be concerned with the Supreme Court’s use of the Emergency Docket to weaken United States citizens’ Fourth Amendment Rights. She then concludes that in granting the stay, the Supreme Court allows practices that imply that there is a certain way to look that makes one more American.

October 23, 2025

Recognition Rights In An AI Driven World

Leah Luckett considers current Fourth Amendment jurisprudence and its potential impact on quickly evolving artificial intelligence technology used by law enforcement. She considers different ways the Court could analyze the privacy interests at stake and ultimately concludes legislation could be a better fit for tackling the issue.

October 14, 2025

The Good Faith Exception in the Age of Cell Phones: Ohio’s Approach and What it Signals

In this article, Hannah Riggle explores the Ohio Supreme Court’s recent decision in State v. Schubert, focusing on the analysis that the court conducted to determine that the good faith exception to the exclusionary rule had been incorrectly applied by the trial court.

March 12, 2025

Warrantless Arrest Inside the Home: Constructive Entry Under the Fourth Amendment

In this article, Christian Bugher discusses the current circuit split on whether a constitutional violation occurs when police constructively enter a suspect’s home without a warrant.

December 9, 2024

Dobbs: The Impact Beyond the Doctor’s Office

Jasmyn Hardin goes beyond the detrimental impacts that abortion restrictions have had on women’s health to examine the broader effects on the healthcare system and society at large. She argues that these policies are erecting new societal barriers while simultaneously exacerbating systemic failures, disproportionately worsening health disparities among groups that have historically faced societal oppression.

October 15, 2024

It’s a Bird, It’s a Plane, It’s a Possible Fourth Amendment Violation

In this article, Kristen Pierce examines how police use of surveillance drones could trigger Fourth Amendment search implications and examines the issue through a constitutional

October 25, 2023

Somewhere, Beyond the Seize: Implications of Post-Force Facts and Subjective Intent Inclusion on Fourth Amendment Seizure Analysis

Nicole Newton explores how the inclusion of post-force facts in Fourth Amendment seizure analysis shifts the focus beyond the moment that force is applied, leading to a circuit split as to whether force used for purposes other than to apprehend is a seizure.

October 23, 2023

Having the “Right” Name: Examining the Eleventh Circuit’s Decision Concerning Detention of Arrestees Based on Mistaken Identity

In this article, Associate Member Kathyrn McIlroy discusses the circuit split on the rights of an individual detained under a valid arrest warrant based on mistaken identity, and ultimately advocates for greater protections for such individuals.

March 30, 2023

Unconstitutional Room Scans? The Fourth Amendment in the Digital Age

In this article, Hailey Martin discusses the recent district court decision in Ogletree v. Cleveland State University, holding that the Fourth Amendment protects students from unreasonable video searches of their homes before taking a remote test as well as the effects the COVID-19 pandemic has on invasion of home and privacy rights.

January 4, 2023