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Fourth Amendment Surveillance

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 -
Robinson+Cole Data Privacy + Security Insider

Remote ID Ruling For FAA in RaceDayQuads Suit

RaceDayQuads, a racing drone retailer based in Orlando, Florida, and Tyler Brennan, a drone operator (collectively, Petitioners), filed a Petition for Review of the Federal Aviation Administration’s (FAA) Remote...more

Davis Wright Tremaine LLP

First Circuit Splits on Whether Warrantless Pole-Mounted Video Surveillance Violates Fourth Amendment; District Court Suppression...

Last week, the First Circuit issued a decision that could be destined for Supreme Court review, but that nonetheless will immediately impact the course of criminal defendants' Fourth Amendment rights, particularly concerning...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine the California Privacy Protection Agency's public comment period for the California Privacy Rights Act, the U.K. government's public consultation...more

Lasher Holzapfel Sperry & Ebberson PLLC

Privacy In The Workplace: Employee Searches

Employers have a general right to protect their property and employees. In addition to surveillance and monitoring, some employers choose to conduct searches of areas and equipment used by employees...more

Fox Rothschild LLP

Drone Operators Beware….Michigan Appellate Court Opines On Privacy

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In a new decision, the Michigan Court of Appeals has held that when it comes to privacy and aerial surveillance, a landowner has a greatly enhanced expectation of privacy when unmanned aircraft are involved. The decision,...more

Womble Bond Dickinson

U.S. Surveillance Society Could Learn from EU Approach to Privacy

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We have learned in the past year that privacy protection can often conflict with pandemic protections, as contact tracing regimes and databases of infections and vaccinations highlight people’s personal situations in the...more

Sullivan & Worcester

The Fourth Amendment Downs 'Video Voyeurism' in Kraft SpaGate Case

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On Wednesday, Florida’s Fourth District Court of Appeal affirmed a lower court decision excluding video evidence that Florida prosecutors sought to use in their case against hundreds of men who allegedly patronized the...more

Davis Wright Tremaine LLP

Update From LitLand: Warrantless Video Surveillance After Carpenter

LitLand is a monthly feature that reviews developments in litigation as they relate to privacy matters and highlight any past, current, and future cases about which you should know....more

Vinson & Elkins LLP

Government Doesn’t Need Warrant To Put Pole Camera Outside Your Home Says First Circuit, Limiting Carpenter’s Reach

Vinson & Elkins LLP on

In United States v. Moore-Bush, the First Circuit recently held that the government does not need a warrant to place a pole camera outside of a defendant’s home. The court considered whether the placement of that camera...more

Womble Bond Dickinson

The Constitution Protects Faces in the Crowd

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Unlimited law enforcement application of facial recognition software to surveillance footage is an unreasonable search and a violation of Constitutional rights for people in a peaceful crowd. An officer should need to...more

Morrison & Foerster LLP

MoFocus: Our Insights into the Risk + Crisis Landscape - Vol.1 Issue. 2

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Arrest of a Chinese National on Hacking Charges Illustrates How U.S. Tactics Are Changing to Meet the New Cyber Threat - In August, Yu Pingan, a Chinese national, was arrested on charges that he conspired to acquire and...more

Best Best & Krieger LLP

Rival Court Decisions Reflect Shifting Views on Privacy in Public

With the spotlight on one high-profile battle that pits privacy rights against public safety interests, another crucial, similar dispute is making its way through the courts. How to evaluate new technology and its potential...more

King & Spalding

Federal Judge Rules Against NSA Telephone Surveillance Program

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On Monday, November 9, Judge Richard Leon of the U.S. District Court for the District of Columbia ruled, in Klayman v. Obama, against part of the National Security Agency’s (“NSA”) surveillance program that collects domestic...more

Best Best & Krieger LLP

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

Best Best & Krieger LLP

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

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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

Best Best & Krieger LLP

Privacy and Fourth Amendment Issues Among Legal Concerns for Law Enforcement Use of Body-Worn Cameras

While there are many considerations for police departments interested in using body-worn cameras in the field, including policy issues and deployment procedures, there are some legal — and somewhat controversial — hurdles...more

Foley Hoag LLP - Trademark, Copyright &...

Supreme Court Fires Shot Across The Bow Of NSA Metadata Collection

Recent revelations concerning the activities of the National Security Agency (“NSA”) include reports that the NSA and other government agencies have – in secret – routinely collected in bulk the “metadata” associated with...more

Hinshaw & Culbertson LLP

Evolving Expectations of Privacy: Klayman v. Obama

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In a 68-page opinion, Federal District Judge Richard J. Leon of the District of Columbia ruled yesterday in Klayman v. Obama that the NSA's systematic collection of telephone metadata of millions of citizens violates the...more

BakerHostetler

The Dust Has Settled, But the Issue Remains: How Can Employers Avoid Liability for Monitoring Their Employees’ E-mails and...

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Earlier this year, a commotion was caused when it became public that Harvard University had monitored, accessed, and reviewed several Harvard deans’ e-mails as part of an internal investigation....more

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