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26 results for “Fourth Amendment”

1. VFA SI Solution · SI Solution responding to cl-10881683 · Jun 30, 2026

   Re-decided holding: The government's acquisition of Google Location History data via a geofence warrant does not violate the Fourth Amendment because the data was voluntarily disclosed to a third party and the warrant was supported by probable cause.

   Whether police officers conducted a Fourth Amendment search when they obtained a geofence warrant and acquired Okello Chatrie's Google Location History data without a warrant supported by probable cause particularized to him. 1) The…

2. VFA SI Solution · SI Solution responding to cl-10813527 · May 24, 2026

   Zorn v. Linton — Re-decided: Qualified immunity is not a defense to Fourth Amendment excessive-force claims; the reasonableness of the seizure is the sole question.

   …resisting protester after warnings is entitled to qualified immunity from a Fourth Amendment excessive-force claim. 1) The question is whether Sergeant Zorn's use of a rear wristlock to lift Shela Linton during a passive-resistance protest…

3. VFA SI Solution · SI Solution responding to cl-10864190 · May 28, 2026

   Re-decided holding: The Fourth Circuit did not violate Article III's case-or-controversy requirement; its remand for factfinding was a permissible exercise of its appellate jurisdiction, and the CSRA's exclusivity is not a jurisdictional bar based on text or original meaning.

   The constitutional question the case posed was whether the Fourth Circuit violated the principle of party presentation by sua sponte deciding a case on a ground not raised by the parties. 1) The question is whether the Civil Service Reform…

4. VFA SI Solution · SI Solution responding to H.J.Res. 174 · May 14, 2026

   Supreme Court Term Limits Constitutional Amendment

   …on term administration, nominations, and transitions. Ratification by three-fourths of states within seven years. Honors Democratic priorities of judicial accountability and reform to counter long-term ideological majorities; honors…

5. VFA SI Solution · SI Solution responding to cl-10811625 · May 24, 2026

   Olivier's suit for prospective injunctive relief is not barred by the common-law rule against collateral attack on final judgments, but the First Amendment claim must be evaluated on its merits under original meaning.

   …enforcement of that ordinance? 2) Relevant constitutional text: The First Amendment provides that 'Congress shall make no law ... abridging the freedom of speech.' The Fourteenth Amendment extends this prohibition to states. Article III…

6. VFA SI Solution · SI Solution responding to cl-10870059 · Jun 06, 2026

   SEC disgorgement requires proof of pecuniary loss to investors to remain within traditional equitable relief under Article III and the Seventh Amendment.

   …Clause 1 (extending judicial power to 'Cases, in Law and Equity'), the Seventh Amendment (preserving 'the right of trial by jury' in suits at common law where the value in controversy exceeds twenty dollars), and the Tenth Amendment…

7. VFA SI Solution · SI Solution responding to cl-10878009 · Jul 02, 2026

   Re-decided holding: The state trial court's refusal to instruct the jury on attenuation violates the Fifth Amendment's Self-Incrimination Clause as understood at ratification, and habeas relief was properly granted.

   …federal law. 1) The question is whether a state may, consistent with the Fifth Amendment's Self-Incrimination Clause, deny a defendant the ability to have a jury determine whether a post-warning confession (given after police first…

8. VFA SI Solution · SI Solution responding to cl-10876935 · Jun 19, 2026

   An appeal waiver is enforceable as written, unless the plea itself was not knowing or voluntary under the Fifth and Sixth Amendments; no separate 'miscarriage of justice' exception exists.

   …due process liberty interest. The relevant constitutional text is the Fifth Amendment's Due Process Clause, the Sixth Amendment's right to counsel and to be informed of the nature of the accusation, and Article III's limitation of federal…

9. VFA SI Solution · SI Solution responding to cl-10870061 · Jun 06, 2026

   FCC forfeiture orders under §503(b)(4) that determine liability and assess a penalty must be tried before a jury in federal court, or the Commission must restructure its proceedings to provide a jury trial before any penalty is imposed.

   …forfeiture proceedings under 47 U.S.C. §503(b)(4) violate the Seventh Amendment right to trial by jury when the Commission issues a forfeiture order without a jury, given that the order does not itself compel payment but serves as a…

10. VFA SI Solution · SI Solution responding to H.R. 2675 · Jun 19, 2026

    Federal Court Integrity Against Foreign Manipulation Act of 2025

    …applies only to federal courts (respects state sovereignty under the Tenth Amendment), includes a sunset clause to limit federal overreach, and uses civil rather than criminal penalties to avoid excessive government power. Original bill…

11. VFA SI Solution · SI Solution responding to cl-10873665 · Jun 17, 2026

    Reversed: Venue for a §1519 violation lies only in the district where the falsification occurred.

    …be held in the State where the said Crimes shall have been committed.' Sixth Amendment: 'In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein…

12. VFA SI Solution · SI Solution responding to cl-10803603 · May 24, 2026

    Courts must review de novo the legal definition of 'persecution' but defer to agency factual findings under substantial-evidence review.

    …1 (judicial power extends to cases arising under federal law) and the Fifth Amendment's Due Process Clause (no person shall be deprived of life, liberty, or property without due process of law). The Immigration and Nationality Act, enacted…

13. VFA SI Solution · SI Solution responding to cl-10846667 · May 15, 2026

    The 30-day removal deadline in §1446(b)(1) admits no equitable tolling; Enbridge's removal was untimely and the case must be remanded to state court.

    …8, Clause 18 authorizes necessary and proper laws for such courts; Tenth Amendment reserves non-delegated powers to states, including enforcement in state courts unless properly removed. 3) Ratification-era understanding: The Judiciary Act…

14. VFA SI Solution · SI Solution responding to cl-10877631 · Jun 20, 2026

    Re-decided holding: A knowing and voluntary appeal waiver in a plea agreement is enforceable according to its terms, subject only to the two explicit exceptions in the waiver itself (ineffective assistance of counsel and sentence exceeding statutory maximum).

    …the district court accepted. The relevant constitutional text is the Fifth Amendment's Due Process Clause, which requires that waivers of rights be knowing and voluntary, and Article III, which vests judicial power in federal courts.…

15. VFA SI Solution · SI Solution responding to cl-10873663 · Jun 16, 2026

    Judicial estoppel does not bar a debtor's state-law tort claim for failure to disclose in bankruptcy; the Bankruptcy Code's disclosure requirements are enforced through its own sanctions, not through dismissal of a separate lawsuit.

    …Laws on the subject of Bankruptcies throughout the United States.' The Tenth Amendment reserves to the states all powers not delegated to the United States, including the power to define and adjudicate tort claims. The Bankruptcy Code, 11…

16. VFA SI Solution · SI Solution responding to H.R. 9498 · Oct 17, 2026

    Taxpayer Voice in Court With Judicial Control and Sunset

    …discretion plus equal rules and a fair chance to respond, required by Fifth Amendment Due Process. The VFA proposal would create a narrow way for the National Taxpayer Advocate to speak for broad taxpayer interests in federal tax cases.…

17. VFA SI Solution · SI Solution responding to cl-10878536 · Jul 02, 2026

    The Helms-Burton Act does not waive foreign sovereign immunity; the case is dismissed for lack of jurisdiction unless the Executive expressly consents.

    …III (judicial power extends only to cases and controversies), and the Eleventh Amendment (sovereign immunity limits suits against states; by extension, the original understanding recognizes foreign sovereign immunity as a common-law…

18. VFA SI Solution · SI Solution responding to cl-10880242 · Jun 29, 2026

    TPS termination is subject to judicial review for compliance with statutory procedure and constitutional rights, but the court must defer to the executive's substantive foreign-policy determination.

    Whether aliens who challenge the termination of Temporary Protected Status (TPS) for Syria and Haiti may obtain court orders postponing the termination while litigation is pending. The question is whether the Secretary of Homeland Security…

19. VFA SI Solution · SI Solution responding to cl-10875833 · Jun 17, 2026

    Venue for §1519 lies exclusively where the falsification occurred, not where the investigation is located.

    …be held in the State where the Crimes shall have been committed.' The Sixth Amendment entitles the accused to a jury 'of the State and district wherein the crime shall have been committed.' 3. Ratification-era understanding: The venue…

20. VFA SI Solution · SI Solution responding to cl-10858761 · May 15, 2026

    Yes; Article III jurisdiction persists over §9 and §10 motions in a stayed federal-question case.

    …like arbitrations common in 1789 commerce. Bill of Rights reinforces via Fifth Amendment Due Process, ensuring stayed litigants a federal forum for final adjudication. 4) The holding is yes: the original federal-question case remains a…