Search and Seizure
Fund for Empowerment v. Phoenix, City of
Fund for Empowerment is a challenge to the City of Phoenix’s 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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20 Search and Seizure Cases
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 Ƶ’s State Supreme Court Initiative, alongside the Ƶ 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 Ƶ’s State Supreme Court Initiative, alongside the Ƶ 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 asked 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 Ƶ’s State Supreme Court Initiative assisted the Ƶ 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 court ultimately held that the plaintiffs had raised only a facial challenge to the ordinance, and because the ordinance could operate without violating the Iowa Constitution in at least some circumstances, the challenge failed. The court's decision does not foreclose future challenges on an as-applied basis where the plaintiffs' claims are ripe for review.
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Iowa Supreme Court
May 2024
Search and Seizure
Singer v. Orange City
This case in the Iowa Supreme Court asked 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 Ƶ’s State Supreme Court Initiative assisted the Ƶ 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 court ultimately held that the plaintiffs had raised only a facial challenge to the ordinance, and because the ordinance could operate without violating the Iowa Constitution in at least some circumstances, the challenge failed. The court's decision does not foreclose future challenges on an as-applied basis where the plaintiffs' claims are ripe for review.
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—which protects people from unconstitutional searches and seizures—to apply in civil zoning enforcement actions. The Institute for Justice, along with The Ƶ of Virginia and the Speech, Privacy, and Technology Project and the State Supreme Court Initiative at the Ƶ, submitted an amicus brief arguing that the exclusionary rule should apply in civil actions to protect Virginians’ 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—which protects people from unconstitutional searches and seizures—to apply in civil zoning enforcement actions. The Institute for Justice, along with The Ƶ of Virginia and the Speech, Privacy, and Technology Project and the State Supreme Court Initiative at the Ƶ, submitted an amicus brief arguing that the exclusionary rule should apply in civil actions to protect Virginians’ search and seizure rights.
Georgia Supreme Court
Feb 2024
Search and Seizure
Tatum v. State
This case at the Georgia Supreme Court involves the “independent source” doctrine, an exception to the exclusionary rule providing that evidence that is acquired through means genuinely independent of a prior unlawful search or seizure may be accepted by the court. The Ƶ’s State Supreme Court Initiative, alongside the Ƶ of Georgia, filed an amicus brief arguing that the independent source doctrine does not apply in this case because the police relied on information acquired from a prior, illegal search when they applied for a warrant to search the defendant’s cell phone. The Court’s opinion vacated Tatum’s conviction and remanded to allow the trial court to determine whether the state’s decision to seek the search warrant was “prompted” by the prior unlawful search.
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Georgia Supreme Court
Feb 2024
Search and Seizure
Tatum v. State
This case at the Georgia Supreme Court involves the “independent source” doctrine, an exception to the exclusionary rule providing that evidence that is acquired through means genuinely independent of a prior unlawful search or seizure may be accepted by the court. The Ƶ’s State Supreme Court Initiative, alongside the Ƶ of Georgia, filed an amicus brief arguing that the independent source doctrine does not apply in this case because the police relied on information acquired from a prior, illegal search when they applied for a warrant to search the defendant’s cell phone. The Court’s opinion vacated Tatum’s conviction and remanded to allow the trial court to determine whether the state’s decision to seek the search warrant was “prompted” by the prior unlawful search.
Michigan
Jan 2024
Search and Seizure
+2 Issues
Williams v. City of Detroit
This case seeks to hold Detroit police accountable for the wrongful arrest of our client due to officers’ reliance on a false match from face recognition technology.
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Michigan
Jan 2024
Search and Seizure
+2 Issues
Williams v. City of Detroit
This case seeks to hold Detroit police accountable for the wrongful arrest of our client due to officers’ reliance on a false match from face recognition technology.