Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

IN voter photo ID law does not violate (inter alia) the Fourth Amendment

By John Wesley Hall, Jr.

TRO denied on use of Indiana voter photo ID law. Terry has no application here. Stewart v. Marion County, 2008 U.S. Dist. LEXIS 84817 (S.D. Ind. October 21, 2008): Plaintiff next argues that the Voter ID Law violates his right to be free from unreasonable search and seizure under the Fourth Amendment. Plaintiff claims that he cannot be asked for identification in the absence of probable cause that would support a warrant. However, Plaintiff cites only Terry stop case law to support his assertion. Plaintiff does not cite a single case that holds poll workers must have probable cause before they can require the voter to produce valid photographic identification. The Court concludes that the case law Plaintiff cites is not relevant to whether the State of Indiana may require voters to present valid photographic identification...continue to full post

Full post as published by Fourth Amendment on October 24, 2008 (boomark / email).