Privacy Constitutional Law

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Fourth Amendment Precludes Inspection Of Private Property Even In Assessment Review Litigation

Recently there has been increasing debate regarding if and when assessing jurisdictions, or its agents, can invade the privacy of New York residents. Even New York’s governor has been impacted by this issue. Last week, the...more

Public employers, you can’t drug test as if you were in the private sector

Karen Voss was offered a newly created position of Solid Waste Coordinator with the City of Key West. The job entailed marketing and planning related to the city’s recycling programs, and “overseeing other tasks within the...more

Police and Body Cameras: Will Cameras Reduce Claims and Increase Transparency?

1600 hours: After briefing, the officer starts her shift. She straps on a body camera. But what next? Can the officer activate or deactivate the recording? Can the footage be deleted during her shift? What if the suspect, the...more

Second Circuit Finds Fourth Amendment Violation in Law Enforcement Retention of Computer Files Not Within Scope of Search Warrant

On June 17, 2014, the United States Court of Appeals for the Second Circuit issued a significant Fourth Amendment decision in United States v. Ganias. The decision is premised on the well-established notion that, because of...more

What’s in Your Wallet? Who Cares—What’s in Your Cell Phone Is More Important!

The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a...more

Courts Defer to Individual Privacy Interests by Requiring Warrant To Obtain Cell Phone Data and Cell Site Records in Riley and...

Two recent opinions have significantly restricted the practice of warrantless collection of data stored on cell phones or by cell phone service providers. In Riley v. California the U.S. Supreme Court confirmed that a warrant...more

Mexico’s online tax surveillance becomes operational

As part of the Tax Reform that became effective on January 1, 2014, the Mexican Congress passed a series of amendments to the Federal Tax Code for the purpose of modernizing and facilitating the compliance and enforcement of...more

The Google Tornado: Just How Ground-Breaking Is The "Right To Be Forgotten"

The recent decision of the European Court of Justice relating to Google and the "right to be forgotten", enabling citizens from the European Union to request search engines operating in Europe to delete, or not to show,...more

U.S. Supreme Court: Warrant Generally Required to Search Information on a Cell Phone, Even Incident to Arrest

The United States Supreme Court has ruled that police officers must generally secure a warrant before searching through the contents of a cell phone of a person they arrest. This decision will have important implications for...more

Riley v. California Advances Individual Privacy Rights in this Digital Age

Employee privacy rights may have received a boost from the U.S. Supreme Court at the end of this year’s term. In Riley v. California, the most recent in a series of criminal search and seizure cases involving technology, the...more

Supreme Court to Protect Information on Cell Phones

The digital age has created a world in which over-sharing is the norm and electronic devices are capable of storing significant amounts of one’s personal information. However, in an important step to protect the privacy of...more

Is There A Right To Be Forgotten? The Court of Justice of the European Union Says “Yes”.

Since Google, a web search engine provider, became a multi-billion dollar company, it has steadfastly refused to remove internet search results on a discretionary basis. In fact, Google support expressly provides that...more

Digital Privacy’s New Age: Supreme Court Turns off Google’s Radio After Holding That We Are Our Cell Phones

In another installment of “Google does WHAT?!?,” the Supreme Court on June 30 rejected the Silicon Valley giant’s bid to stop a lawsuit accusing the search company of wiretapping. You read that right. Wiretapping....more

Doping Tests and Privacy Rights in Spain: a Key Court Decision

No one can deny that, over the last decade, Spain has taken the fight against Sports’ doping networks very seriously. In 2006 and 2013, two demanding laws for the health protection of federated sportsmen and the prosecution...more

Online Privacy: Friend or Foe to the American Public?

A recent court ruling in Europe will present new challenges to online corporations such as Google Inc. and Microsoft Corp. Not only will this directly affect their operations in the E.U., but it will also have implications...more

Five Lessons for Employers from California v. Riley

In the waning days of its current term, the U.S. Supreme Court ruled unanimously in California v. Riley that police officers generally violate the Fourth Amendment's prohibition against unreasonable searches by conducting a...more

Editorial: High Court Is Swinging Pendulum Back On 4th Amendment

Fourth Amendment law is anything but static. If one surveys the jurisprudential landscape over the last 50 years, there are three amendments that the U.S. Supreme Court cannot leave alone: the First, the Fourth and the Fifth....more

Legal Updates for Government Entities Covering May and June 2014

Arizona Court of Appeals (heading) Immunity under A.R.S. § 12-820.03 Glazer v. State of Arizona, --P.3d--, 2014 WL949114 (Ariz.App. 2014) This case arises out of a cross-over crash on I-10 south of...more

Status Updates - July 2014 #2

..The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded...more

In Riley, Supreme Court Sets Mobile Device Privacy Expectations

In a recent decision with significant implications for smart phone users’ privacy expectations, the Supreme Court, in Riley v. California, unanimously rejected the application of the “incident to arrest doctrine” to law...more

United States Supreme Court: Warrants are required to search digital data on seized cell phones

On June 25, 2014, in Riley v. California, a unanimous United States Supreme Court held that the Fourth Amendment requires that police obtain a warrant prior to searching the digital data found on an arrested suspect’s cell...more

U.S. Supreme Court’s Decision Raises Questions About Cell Phone Searches in Schools

The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more

U.S. Court of Appeals Decision: Cell Location Data is Protected Under Individual’s Expectation of Privacy

The U.S. Court of Appeals for the Eleventh Circuit recently considered whether cell site location data is protected by the Fourth Amendment. On June 11, 2014, the court issued its decision in favor of privacy rights: the...more

Supreme Court Prohibits Warrantless Mobile Phone Searches, Underscores Individual Right to Privacy

The Supreme Court of the United States released a unanimous decision last week barring law enforcement from searching the mobile phones of individuals placed under arrest without first obtaining a search warrant or the...more

Supreme Court Rules That Police May Not Search Cell Phones Without A Warrant

One of the fundamental liberties protected by the Bill of Rights is freedom from unreasonable searches. The Fourth Amendment reflects the concern that “We the People” should not be subjected to intrusive searches of our...more

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