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Fourth Amendment Warrantless Searches Right to Privacy

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

U.S. Supreme Court Will Hear Mobile Phone Privacy Case

The United States Supreme Court has just agreed to hear the case of a Detroit man who was sentenced to 116 years in prison after data from his own cellular phone was used against him at his trial for his role in a string of...more

Rumberger | Kirk

United States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes

Rumberger | Kirk on

The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides City of Los Angeles v. Patel

On June 22, 2015, the U.S. Supreme Court decided City of Los Angeles v. Patel, No. 13-1175, holding that facial challenges can be brought under the Fourth Amendment and that a municipal ordinance requiring hotel operators to...more

Snell & Wilmer

Warrantless Searches of Electronic Communication

Snell & Wilmer on

Recent news about federal executive agencies obtaining information on private citizens without warrants has many Americans concerned about an erosion of civil liberties. Both the Internal Revenue Service (IRS) and the...more

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