Tag Archives: Fourth Amendment

10th Circuit rules against officers who allegedly procured false confession from mentally disabled man

by Emil J. Kiehne Posted on January 12, 2016

The Tenth Circuit has affirmed a trial court’s denial of qualified immunity to several Colorado police officers, who are being sued for allegedly using a confession they knew to be false to charge plaintiff Tyler Sanchez, a man with cognitive … Continue reading →

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Prof. Volokh on the New Mexico aerial surveillance decision

by Emil J. Kiehne Posted on October 21, 2015

As a follow-up to yesterday’s post about the New Mexico Supreme Court’s decision in State v. Norman Davis, which held that aerial surveillance by helicopter without a warrant can violate the Fourth Amendment, I thought you might be interested in … Continue reading →

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NM Supreme Court: Aerial surveillance without warrant violates 4th Amendment

by Emil J. Kiehne Posted on October 20, 2015

Yesterday, the New Mexico Supreme Court issued its opinion in the closely-watched case of State v. Norman Davis. The case began in 2006, when a police helicopter spotted marijuana plants in a greenhouse owned by Mr. Davis in Taos County. … Continue reading →

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Good news for Governor Martinez, as SCOTUS upholds Katie’s Law

by Emil J. Kiehne Posted on June 3, 2013

Governor Susana Martinez is an advocate of Katie’s Law, which was named after slain NMSU student Katie Sepich, and which allows police to take DNA samples from those arrested for crimes, but who have not yet been convicted. She therefore filed … Continue reading →

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Governor Martinez files amicus brief supporting collection of DNA from people arrested for serious crimes

by Emil J. Kiehne Posted on February 4, 2013

In this post in November, I reported on Governor Martinez’s intent to file an amicus curiae brief in Maryland v. King, which is now before the Supreme Court of the United States. The question the Supreme Court will decide is whether the Fourth … Continue reading →

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