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Fourth Amendment Facebook

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -
Carlton Fields

Ninth Circuit Affirms Certification of Class Alleging Biometric Privacy Violations

Carlton Fields on

The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of...more

Association of Certified E-Discovery...

Judge Facciola Says Carpenter Decision May Signal the End of the Third Party Doctrine

The Carpenter decision has been the focus of many discussions since it came down last week. In a closely watched case, a 5-4 SCOTUS ruled that police access to a person’s historical cell phone tower site records (7 days or...more

Alston & Bird

New York High Court Denies Facebook’s Challenge of Bulk Stored Communications Act Warrants

Alston & Bird on

The Court of Appeals for the State of New York recently rejected Facebook’s appeal of its challenge to bulk search warrants issued pursuant to the Stored Communications Act (SCA) and separately challenged the warrants’...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Snell & Wilmer

Privacy Settings Won’t Keep Social Media Posts Out Of Court

Snell & Wilmer on

On Jan. 7, 2015, in Nucci v. Target Corp., et al, the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted...more

Morrison & Foerster LLP - Social Media

Status Updates - January 2015

Fake-out stakeout. For several months now, we’ve been covering the increasingly prevalent use of social media by law enforcement agencies conducting criminal investigations. In one such instance, the FBI sent a link to a...more

Cozen O'Connor

Facebook "Friends", 4th Amendment Privacy & Probable Cause

Cozen O'Connor on

A recent court decision has added support to the idea that there is no privacy on the internet. In United States v. Meregildo, defendant Melvin Colon moved to suppress evidence seized from his Facebook account pursuant...more

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