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California Enacts Smartphone Kill Switch Law to Promote Data Security

This week California enacted into law Senate Bill 962, which requires a “kill switch” on all smartphones that would render the device inoperable. The law applies to all smartphones manufactured after July 1, 2015 and sold in...more

Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more

BB&K Police Bulletin: Search Warrants - BB&K Victory Securing Qualified Immunity Controls in Child Molestation Case

Overview: The Ninth Circuit recently refused to suppress evidence of child pornography found on the iPod of an alleged child molester during a search of his home. The court explained that the outcome was controlled by its...more

New Jersey's Medical Marijuana Law Impacts Employers

The New Jersey Compassionate Use Medical Marijuana Act raises a slew of issues for employers that have yet to be fully explored and resolved in litigation. New Jersey employers must have an ongoing relationship with an...more

Your dumb smart phone will give you up to the police!

Your smart phone stores everything you expect to keep private, and in many states that information is readily available to the police! And police access to your private information may not even require a warrant. Will your...more

Town of Mount Pleasant v. Robert Chimento, et. al. [Poker / Gambling]

South Carolina Supreme Court Opinion No. 27197 - Filed November 21, 2012

Mt. Pleasant v. Chimento Factual and Legal Summary: Nathan Stallings leased a home in Mt. Pleasant where he lived with his fiancee and a roommate. He used an internet networking site to meet other poker players, and...more

Labour Notes - November 2012

In This Issue: - Workplace Confidential? Supreme Court Rules That Employees Have Right To Privacy Over Their Work Computer - Q & A . . .2 - Progress of Legislation ..Federal . . . 3 ..Ontario ....more

"Pornographic content related to presentation of violence" - art. 202 § 3 of the Criminal Code (Poland)

The legal issue related to the so-called hard-core pornography (pornography using and presenting violence) has been generally presented on the example of the Polish Criminal Code. Of particular importance is art. 202, § 3,...more

What is the result if I do not comply with a court order?

If you are unsure how to comply with a court order or have been accused of contempt of court or are wondering what could happen if it is found that you did not comply with a court order, then you want to give this your...more

Let us tell you how we see this going down: White House publishes cybersecurity legislative proposal

On May 12, 2011, the Obama Administration released its legislative proposal concerning cybersecurity. The proposal comes almost two years after the President identified cyber threats and protecting our digital infrastructure...more

Narrowing the Scope of Pornography: Why Released Sex Offenders Need to Know It When They See It

This article examines the right of released sex offenders to be free from unconstitutionally vague probation conditions...more

The Quiet Man and Civil Rights

The government property code inspector prosecuted a citizen for refusing to consent to a warrantless inspection of the interior of his house. The code enforcement officer claimed that he wanted to "inspect" the interior of...more

"Are You A Target?"

Brief Summary of North Carolina Laws...more

The 4th Amendment - Search And Seizure

The 4th Amendment to the U.S. Constitution guarantees all citizens a right to be free from unreasonable search and seizure of their persons and property. However, it doesn't actually say what constitutes and...more

United States v. Shrader

United States v. Shrader Published Opinion on Privacy Interests of Crime Victims

Defendant attempted to subpoena victim's privileged counseling records. United State's District Court granted victims objection and quashed the request for the subpoena. ...more

Safety and Security in a Digital Age

Safety and Security in a Digital Age summarizes the many ways one's privacy is violated and monitored by others. The article discusses relevant case law and statutes that impact such technology and helps attorneys apprise...more

Ensuring Equal Justice [Attorneys Fees in Civil Rights Cases 42 USC 1983 & 1988]

This essay describes how to evaluate a potential civil rights case to maximize your client's chance of collecting attorney's fees purusant to 42 USC 1983 and 1988 and related provisions of the federal civil rights law. The...more

"Justice for All," Or: How I Learned to Stop Worrying and Love the DNA Database

This case note analyzes the 2007 Ninth Circuit case United States v. Kriesel in depth and comments on the larger policy implications of using DNA databases. EXCERPT: “We want to make certain that every American can bank...more

Florida Department of Law Enforcement - FAQs for Sealing and/or Expunging Criminal Records

Frequently asked questions by people looking to have a criminal history record sealed or expunged....more

Seal and/or Expunge Criminal Record

Florida Department Of Law Enforcement - Application for Certification of Eligibility(to have the criminal history record sealed and/or expunged pursuant to Fla. Stat. s.943.0585). ...more

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