Search & Seizure

News & Analysis as of

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

What Is A Stop And Frisk?

When an officer has reason to believe you may be armed, he or she may stop and frisk the outside of your person for weapons. The stop and frisk law in use today was established in the 1968 case Terry V. Ohio....more

Legal Updates for Government Entities Covering March and April 2014

The Gallaghers sued TUSD and a TUSD school employee, Michael Corum, alleging that Corum sexually abused and/or exploited their developmentally challenged daughter at a TUSD school. The Gallaghers claimed that TUSD was...more

BB&K Police Bulletin: Medicinal Marijuana and Probable Cause

Possession of Any Amount of Medicinal Marijuana Enough to Search Automobile - Overview: A California Court of Appeal has ruled that a law enforcement officer’s observation of any amount of marijuana in a vehicle...more

Supreme Court Decision — Warrantless Searches Okay If One Occupant Of Shared Residence Consents

The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures. With some exceptions, law enforcement must obtain a warrant based on probable cause before conducting a search of private property or...more

Maryland v. King: Possibly The Most Important Criminal Procedure Case in Decades

Many Supreme Court observers, including no less than Justice Samuel Alito himself, have described Maryland v. King as perhaps the most important criminal procedure case that the Court has decided in decades. While this may...more

High Court Deals Major Blow To Criminal Defendants

The U.S. Supreme Court’s 6-3 decision in Kaley v. United States, 571 U.S. __, Case No. 12-464 (Feb. 25, 2014) essentially finds that the grand jury should have the last word. The Kaley case involved the right to counsel when...more

Search And Seizure In Schools

When the police a search a suspect who’s in custody, the law is fairly well established. But what happens if a student is searched on school grounds? The U.S. Supreme Court and the Ohio courts have wrestled with that question...more

BB&K Police Bulletin: Police Need Search Warrant to Examine Hotel/Motel Registers

Municipal Code Section Allowing Warrantless Inspection of Hotel Guest Records Constitutes Search - Overview: The Ninth Circuit recently held that a police officer’s non-consensual warrantless inspection of hotel guest...more

PODCAST: How to Respond to a Search Warrant - Ten Practical Steps

Presented by Gina L. Simms and James P. Holloway of Ober|Kaler's Government Investigations and White Collar Defense Group, this podcast provides guidance to health care providers and other corporations on how to respond when...more

Evolving Expectations of Privacy: Klayman v. Obama

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

What To Do When You Are Served With a Search Warrant

In recent years, state and federal law enforcement agencies continue to increase their investigation and prosecution of white collar crime, particularly relating to the securities and healthcare industries. The search warrant...more

Short Wins - Blog 100 Announcement Edition

1. United States v. Arreguin, Ninth Circuit: Appellant's motion to suppress evidence was denied by the District Court. The Ninth Circuit reversed and remanded, directing the trial court to grant the motion to suppress....more

Close Encounters With Law Enforcement

Police reports often describe an officer’s initial contact with a citizen as a consensual encounter. And these so-called consensual encounters sometimes result in searches of the person or car and ultimately in arrests....more

Privacy Monday: October 7, 2013

Despite the government shutdown, the Supreme Court is in for the 2013-2014 session. There are a couple of privacy cases on the agenda. U.S. v. Wurie and Riley v. California - At issue: Separate appeals over...more

Appeals Court: Forced Rectal Search of Suspect Violates 4th Amendment

In a recent opinion, the US Court of Appeals for the 6th Circuit addressed whether it was constitutionally reasonable for police to use a doctor – in this case, a doctor “who is known to conduct unconsented intrusive...more

Perquisition Privée: France Ahead Of U.S. In Allowing Trade Secret Owners To Seize Property From Suspected Thieves

Can trade secret owners secretly petition a court to seize property from a competitor that they suspect of stealing trade secrets? In the United States, the answer is: “Not yet.” This is one of the issues that Congress is...more

SEC Announces Additional Whistleblower Award Based on Assets Seized by Justice Department

After awarding the second-ever whistleblower bounty award pursuant to Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in connection with SEC v. Andrey C. Hicks and Locust Offshore...more

Are Courts Diluting Protection From Unlawful Searches?

Evidence comes in many forms. What you say and the objects in your possession can be used against you by law enforcement officers if your statements and property are legally obtained. But what about the information on your...more

New Filings Reinforce the Need to Stop Eminent Domain Mortgage Seizure Scheme in Richmond, CA

Materials illustrate the damage the scheme would inflict on millions of savers and retirees and the Richmond and U.S. housing markets - San Francisco, CA – Important new documents were filed today in the lawsuit to...more

Supreme Court Weighs In On Drug-Sniffing Dogs

The U.S. Supreme Court recently upheld Fourth Amendment constitutional protections against the unreasonable search and seizure tactics in Florida v. Jardines....more

Seizure and Destruction of Marijuana Was Lawful

Three individuals with physician recommendations for medical marijuana challenged a county’s seizure and destruction of over 1,500 pounds of marijuana. The court of appeal held that the seizure was supported by probable...more

Maryland v. King: Supreme Court Rules On DNA Collection From Arrestees

The U.S. Supreme Court has recently validated laws permitting law enforcement to take DNA samples from criminal suspects after they have been arrested for serious crimes....more

Can The Police Search My Cell Phone Without Permission?

Many of us store our most intimate information on our mobile phones....more

Did My iPhone Steal My Privacy?

The United State Supreme Court has not quite decided what constitutes an expectation of privacy in this new Facebook, Twitter and Global-Positioning-System (GPS) world....more

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