Restore The Fourth

Opposing unconstitutional mass government surveillance

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Litigation Working Group

Litigation Working Group

The RT4 Litigation Working Group is a volunteer group of attorneys, law professors, and law students, chaired by Mahesha P. Subbaraman, Esq. of Subbaraman LLC in Minneapolis, MN. It selects key Fourth Amendment appellate cases and submits amicus briefs on behalf of Restore The Fourth.

Restore The Fourth is currently involved in two cases: Nichols v. Wayne County (a civil asset forfeiture case) and Lombardo v. St. Louis (a qualified immunity and excessive force case).

In 2019-20, Restore The Fourth filed friend-of-the-court briefs in Mitchell v. Wisconsin (whether state “implied-consent” statutes impermissibly override the Fourth Amendment’s requirement for real consent); Jessop v. Fresno (whether police theft during a house search is clearly established as unconstitutional, and therefore whether qualified immunity should apply); Torres v. Madrid (whether an attempted arrest counts as an arrest for liability purposes); and Bovat v. Vermont (whether evidence discovered without a warrant when an observing officer was within curtilage of a property, is admissible).

In 2017-18, Restore The Fourth filed friend-of-the-court briefs in Byrd (rights of drivers of rental cars)Carpenter (Fourth Amendment protection for historical cell site location information), Collins (application of automobile exception on private property)Hernandez (shooting of Mexican national by CBP agent from across the border), Microsoft Ireland (extraterritorial application of warrants), Spivey (whether police deception invalidates consent to a search), Pellegrino (whether TSA officers are “law enforcement officers” for purposes of liability) and LMP Services (whether municipalities can condition food truck licensing on installation of a GPS tracker). 

In 2015-16, Restore The Fourth filed friend-of-the-court briefs in Ganias (whether a warrant to search a computer could cover a later search) and Rodriguez (a cross-border shooting case).

We do not yet represent individuals in Fourth Amendment cases.

To submit a case for consideration by the Litigation Working Group, please use this contact form.