News & Analysis as of

Criminal Prosecution Search & Seizure

Oberheiden P.C.

Received a Search Warrant? 10 Facts You Need to Know

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Several federal agencies rely on search warrants to gather evidence in support of their law enforcement efforts. If you have received a search warrant from the Federal Bureau of Investigation (FBI), Drug Enforcement...more

BakerHostetler

2020 Supreme Court Update

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The U.S. Supreme Court’s October term started earlier this month, and promises to be an unprecedented session. How is the Court responding to the pandemic and adapting to a virtual environment? Which cases should you be...more

McDermott Will & Emery

Despite Appeals Win, Google Agrees To Eur 1B Settlement To Avoid Criminal Prosecution

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The Paris Court of Appeal affirmed that Google Ireland does not have a French permanent establishment in a high-profile tax controversy over a double Irish arrangement. But with independent criminal proceedings for tax...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - December 2019

Congress Sprints to the Finish. Congress returned this week from its Thanksgiving break and is racing to the end of the first session of the 116th Congress. Lawmakers are technically only supposed to remain in town through...more

Proskauer - New Media & Technology

Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital...

The Georgia Supreme Court ruled that the retrieval of electronic automobile data from an electronic data recording device (e.g., airbag control modules) without a warrant at the scene of a fatal collision was a search and...more

Jones Day

Australian Competition and Consumer Commission Issues Guidance on Its Information Gathering Authority

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The Development: The Australian Competition and Consumer Commission ("ACCC") recently issued new guidelines regarding compulsory information requests. The guidelines clarify application of the "reasonable search defense"...more

Proskauer - New Media & Technology

Fourth Amendment Appeal before Georgia Supreme Court over Airbag Crash Data Could Have Implications for Autonomous Cars and...

Yesterday, the Georgia Supreme Court is set to hear oral argument in an appeal brought by a defendant convicted of vehicular homicide and other charges related to a fatal car crash. (Mobley v. State, No. S18C1546). The...more

Robinson+Cole Data Privacy + Security Insider

Genetic Testing Comes at a Cost

The deservedly well-publicized arrest of the Golden State Killer last fall was a coup for law enforcement, and a marvelous use of modern technology. Sequencing the DNA profile of material left by the Killer at a crime scene...more

Patterson Belknap Webb & Tyler LLP

Appeal “Tanks” After Circuit Holds That Defendant Gave Implied Consent to Have K-9 Unit Present in His Apartment After Calling 911...

On July 31, the Second Circuit issued a decision in United States v. Iverson (Kearse, Calabresi, Livingston) and affirmed the conviction of a defendant who had challenged the district court’s denial of his suppression motion...more

Dorsey & Whitney LLP

The Supreme Court - May 14, 2018

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The Supreme Court of the United States issued five decisions today: Murphy v. National Collegiate Athletic Assn., No. 16-476: In the 1990s, Congress enacted the Professional and Amateur Sports Protection Act (“PASPA”), 28...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Provides Primer on Criminal Procedure in Methamphetamine Case

United States v. Lyle - In United States v. Lyle, 15-958-cr (Raggi, Chin, Lohier), the Second Circuit covered an array of criminal procedure issues—including the Fourth Amendment concerns associated with rental car...more

Patterson Belknap Webb & Tyler LLP

Court Upholds Murder-for-Hire Conviction, Rejects Fourth Amendment Challenges

The murder-for-hire statute makes it a crime to agree to commit murder in exchange for “anything of pecuniary value.” 18 U.S.C. § 1958. The Second Circuit has understood this language to require that, at the time of the...more

King & Spalding

En Banc Fourth Circuit Rules No Fourth Amendment Protection For Cell-Site Location Information

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On May 31, 2016, the U.S. Court of Appeals for the Fourth Circuit held in United States v. Graham, Nos. 12-4659 and 12-4825, in an en banc rehearing, that the government’s acquisition of historical cell-site location...more

McDermott Will & Emery

Focus on China - October 2015

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Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

Best Best & Krieger LLP

BB&K Police Bulletin: Burden of Proof on Government in Request for Return of Property Not Considered Contraband

Ninth Circuit Decides There Must Be “Legitimate Reason” for Retaining Property - Overview: The Ninth Circuit recently held that, once a criminal investigation or prosecution is completed, the government bears the...more

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