News & Analysis as of

Probable Cause Fourth Amendment

Supreme Court to Review Digital Privacy (Part 1)

by Miles & Stockbridge P.C. on

In 1986, Congress passed an obscure statute called the Stored Communications Act that has become much more relevant 30 years later. The U.S. Supreme Court will have two opportunities to help define the scope of digital...more

The Circuit Raises A Glass To A Broad Construction Of Law Enforcement’s Authority Under The Fourth Amendment

Yesterday the Second Circuit issued a decision in United States v. Diaz, No. 15-3776 (Walker, Sack, Chin). In an opinion by Judge Sack, the Court addressed two questions under the Fourth Amendment: when does a police...more

On the Border: Lawmakers Seek to End Warrantless Searches of Electronic Devices by Border Authorities

by Snell & Wilmer on

The controversial practice of U.S. Customs and Border Protection (CBP) agents randomly demanding that Americans turn over passwords to their mobile devices so they can be searched at the border and at ports of entry may be...more

Odor of Marijuana Grounds for Vehicle Search

by Pessin Katz Law, P.A. on

In Robinson, et. al. v State, Nos. 37, 39, & 46, September Term, 2016, decided January 20, 2017 (Watts, J.), the Maryland Court of Appeals, Maryland’s highest court, (the “Court”) held that a law enforcement officer...more

An Important Check On The Abuse Of Government Authority

by McGuireWoods LLP on

As citizens of a nation founded on the rule of law, we depend upon law enforcement and prosecutors to protect us from harm and from those who infringe our liberty. In exchange for this protection, we permit these public...more

Telemedicine Prescribers Should Read This Case: U.S. vs. Zadeh

by Foley & Lardner LLP on

Health care providers who use telemedicine for remote prescribing of controlled substances should pay close attention to an important case currently pending at the Fifth Circuit Court of Appeals. The case will decide whether...more

Southern District Opinion Allows Seizure of Emails From Host Provider With Minimal Showing of Probable Cause

A Southern District of New York Magistrate Judge last week approved the government’s ability to conduct searches and seizures of entire email accounts stored by third-party providers like Google, Microsoft, Yahoo! and Apple...more

BB&K Police Bulletin: Police Can Stop Reckless Driver Based On Anonymous Tip

by Best Best & Krieger LLP on

Officers Had Reasonable Suspicion of Criminal Activity Based Upon the Totality of the Circumstances - Overview: The Supreme Court recently held that peace officers who conducted a traffic stop and searched a vehicle...more

Federal Judge Rejects NYPD’s ‘Stop and Frisk’ Policies

by Ifrah PLLC on

In a decision issued today that could potentially change the way police operate in the Big Apple, U.S. District Judge Shira A. Scheindlin (S.D.N.Y.) ruled that, for years, New York City police officers have been...more

Court to Rule on Exceptions to Warrant Requirement for GPS Tracking

by Ifrah PLLC on

The U.S. Court of Appeals for the 3rd Circuit is set to become the first federal appellate court to answer the question left open by the Supreme Court in United States v. Jones. Last year, the Court held in Jones that a...more

Facebook needs a "probable cause" button.

by Thomas Valkenet on

Are you proud to have lots of Facebook "friends?" Well, any one of them can give strangers, including the U.S. Government, access to your account. Your privacy settings won't completely bar access by strangers. In an August...more

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

by 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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Cybersecurity

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