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State v. McQueen
Ruled that an arrestee had a reasonable expectation of privacy in phone call made from police station, and warrantless seizure of the recording was unconstitutional
When May a State Restrict Religious Gatherings?
A challenge to Covid-19–era limits on church services reaches the Delaware Supreme Court.
Geeta Tewari
Geeta Tewari is an associate professor of law and the H. Albert Young Fellow in Constitutional Law at Widener University Delaware Law School, where she teaches contract and business law through an...
States May Close the ‘Open Fields’ Exception to the Fourth Amendment
An appellate court in Tennessee became the latest to reject a significant exception to the federal protection against unreasonable search and seizure.
Joshua Windham
Joshua Windham is an attorney and Elfie Gallun Fellow in Freedom and the Constitution at the Institute for Justice.
Mayor & City Council of Ocean City v. Commissioners of Worcester County
Ruled tax set off statutes permitting counties to deny municipal tax setoff requests do not impermissibly regulate local affairs in violation of home rule amendment
Leidig v. State
Ruled admission of forensic test report without giving the defendant an opportunity to cross-exam the author violated confrontation clause
Buford v. State
Ruled that defendant's consent to the search of his person included the search of a specific container on his person, and so no additional consent was required
State v. Amstutz
Ruled that arrest violated search and seizure clause because information available to other officers that would have created probable cause could not be imputed to arresting officer
State v. Carter
Ruled that stop based on officer's mistaken interpretation of license plate concealment statute violated state constitution's search and seizure clause even though it would not have violated federal Fourth Amendment