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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.
State v. Hewitt
Held that Miranda warnings are required by state constitution when probable cause to arrest has developed
State ex rel. Ware v. Parikh
Dissent would have ruled that right to access public records is a substantive right that the court lacks authority to abridge through its constitutional rulemaking power
State v. SASS Group
Held that, under sovereign immunity constitutional amendment, a lawsuit must be dismissed if it names defendants other than the state or local governments specifically authorized by that provision
Ohana v. Univiversity of Hawai'i
Held that government has affirmative duty during rulemaking to enforce constitution’s Native Hawaiian traditional and customary rights provision
Fight Over Employment Status of Uber and Lyft Drivers Moves Through State Courts
Ridehail and delivery drivers are pushing for greater workplace protections in California and Massachusetts.
State v. Smart
Ruled that circumstances giving rising to probable cause were not unforeseeable and spontaneous, thus police did not meet the automobile exception to justify a warrantless search of a car
Wilson v. City of St. Louis
Ruled that provisions of a state parking statute creating duties for municipal officers violated the constitutional prohibition against certain laws affecting charter cities
