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Telephone Surveillance Hang-Ups: Second Circuit Asks Parties in ACLU v. Clapper to Brief Whether the USA Freedom Act Moots...

Not long after striking down the National Security Agency’s telephone surveillance program in ACLU v. Clapper, the Second Circuit is asking the parties to assess whether recently passed federal legislation has rendered the...more

Welcome to the Digital Age, Officer

California SB 178 Seeks to Apply Warrant Requirement to Electronic Devices and Online Data - The California Senate is currently reviewing the proposed California Electronic Communications Privacy Act (SB 178), which...more

Supreme Court Strikes Down Law That Required Hotels To Comply With Warrantless Police Requests For Guest Registries

On June 22, 2015, in a 5-4 ruling, the U.S. Supreme Court in City of Los Angeles v. Patel struck down a Los Angeles Municipal Code that required hotel operators to provide guest registries to police upon demand, and without a...more

Law Enforcement in the 21st Century: How The Courts Are Responding

As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more

Seizure of memory cards from digital cameras allowed under plain view doctrine

Courts today are faced with applying traditional Fourth Amendment search and seizure doctrines to twenty-first century digital technology. In one such case, the Massachusetts Appellate Court upheld a lower court’s holding in...more

DANGER – “General” Search Warrants in the Digital Age

If you knew that there was a chance—maybe even a good chance—that a law enforcement officer could gain access to every single text, email, photograph and voice mail on your smartphone, going back years, because you were...more

Drone on Drones: Justice Department Drone Policy Emphasizes Privacy and Transparency

Federal agencies deploying surveillance drones in domestic airspace will be required to conduct annual privacy reviews, the Department of Justice announced last week. The new policy aims to require DOJ employees to assess the...more

Warrantless Laptop Search Suppressed In Sixth Circuit

On May 20, 2015, the Sixth Circuit ruled that the warrantless search of a laptop exceeded the scope of a preceding private search, and was therefore unconstitutional....more

Laptops, Border Checks and The Fourth Amendment

Developments in law are sluggish compared to the rapid rate of technological advancement, and courts must constantly apply old legal principles to technologies which were not contemplated at the time the laws were enacted. ...more

U.S. Supreme Court Rules Prolonging Traffic Stop to Conduct Dog Sniff is Unconstitutional

Overview: Police may not extend a routine traffic stop to give a police dog time to conduct a search for narcotics, the United States Supreme Court held this week. The Court determined that, absent reasonable suspicion,...more

Riley and the Third-party Doctrine

On June 25, 2014, the U.S. Supreme Court issued one groundbreaking opinion in two cases regarding cellphone searches incident to arrest. In a unanimous opinion, the court held that under the Fourth Amendment, police must...more

California May Limit Law Enforcement’s Warrantless Data Collection

Eager to retain its spot among the principal laboratories for domestic privacy legislation, California’s legislature is set to debate Senate Bill 178, legislation restricting state law enforcement agencies from requesting...more

Illinois Amends Eavesdropping Statute in Response to Recent Court Decisions

On March 20, 2014, the Illinois Supreme Court held that significant portions of the Illinois eavesdropping statute, 720 ILCS 5/14-1 et seq., (the Statute) violated the First Amendment. In People v. Clark, 2014 IL 115776, and...more

Can the NSA Legally Collect Telephone Metadata?

Earlier this month the Ninth Circuit Court of Appeals became the third federal appellate court this year to hear argument on the legality of the NSA’s bulk collection of telephone metadata....more

Drone on Drones: New Court Decision Reflects Shifting Views on Privacy in Public

Whenever drone policy is raised as a topic, privacy concerns follow close behind it as a discussion point. The idea of aerial surveillance that is cheaper, less time-intensive and requires fewer man hours to get off the...more

Subscriber Does Not Have Fourth Amendment Privacy Interest in Own IP Data

In 2012, the Supreme Court decided the case of United States v. Jones, 132 S. Ct. 945 (2012). Jones involved the government's use of a GPS tracking device on a vehicle and the information gleaned therefrom. The holding was...more

High Price Paid for Errors in Disclosure: Court of Appeal Permits use of Inadvertently Disclosed Privileged Documents

In Rawlinson and Hunter Trustees S.A. & ors v Director of the Serious Fraud Office [2014] EWCA Civ 1129, 31 July 2014, the Court of Appeal held that the inadvertent disclosure of a privileged document must be an obvious...more

Court strikes down California’s “collect on arrest” DNA collection law

In November 2004, California enacted a law requiring that anyone arrested for a felony have their DNA collected. This amounted to a significant expansion of the prior law that allowed for collection of DNA after conviction. ...more

Remote Search Warrants and the Continued Threat to Privacy Rights

What were you doing Wednesday, November 5, 2014? If you are a staunch Republican, you might have been toasting the election results from the day before, dreamy-eyed and dancing. If you are a staunch Democrat, you might have...more

Apple Strengthens Privacy Protections

Apple recently changed its privacy policy which has made headlines – it will no longer unlock iPhones and iPads for law enforcement. Prior to this change, Apple would assist law enforcement in unlocking Apple devices when...more

Much Ado About Little: Deadlocked Illinois Supreme Court Punts on Red Light Camera Ordinances

One of the most widely anticipated cases on the Illinois Supreme Court’s civil docket ended on Thursday morning with a surprise: the Court decided not to decide, dismissing the appeal in a per curiam order....more

Proposed New Jersey Legislation Seeks to Protect Privacy Interests in Motor Vehicle’s “Black Box” Data

In past investigations into automobile collisions, drivers often faced little challenge to their claims that they adhered to speed limits but somehow lost control of the car, that they applied their brakes but could not slow...more

Searching Student Smart Phones in The Wake of Riley V. California

In the recent, landmark case of Riley v. California, the United States Supreme Court held that the police may not search digital data on the cell phone of an arrestee without a warrant, reasoning that smart phones not only...more

Status Updates - October 2014 #10

..Time change. Until now, Twitter has made a clear distinction between people you follow and people you don’t follow: You only saw tweets from those whom you followed. Now, the service, in what it calls a “timeline...more

Status Updates - October 2014 #8

..Doctor in the mouse. What if you could input a list of your current symptoms to Google, and quickly be connected with a doctor for a brief consultation? For a limited trial period, Google seems to have set up such a system...more

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