Big Brother Is Tracking You through Your Cell Phone
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
In a 33-1 vote, on May 13, the state Senate approved Senator Mark Leno's bill that would require state law enforcement officials to obtain a search warrant before asking service providers to disclose the contents of their...more
Overview: The Ninth Circuit Court of Appeals recently upheld a conviction for felony firearm possession in a case where the handgun owner discarded the weapon before being seized. The court found that, although an illegal...more
An Arizona developer has settled a lawsuit against Maricopa Country, Arizona Sheriff Joe Arpaio and former County Attorney Andrew Thomas for $1.4 million. Conley Wolfswinkel had filed suit after his office was publicly...more
Context and content matters to the assessment of reasonable expectations of privacy in criminal law matters.
Recently, in R. v. B. (C.), 2013 CarswellOnt 3851 (SCJ), P. Smith J. considered the constitutionality of a...more
Did you know that the government can know your whereabouts by tracking your cell phone? Most police don’t even bother to get a search warrant. Your cell phone carrier will simply voluntarily turn over the information.
In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general...more
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
Overview: The Ninth Circuit Court of Appeals recently ruled that police could not take into custody a person cited for an infraction (in this case, trespassing) unless the arrestee has no satisfactory identification, refuses...more
Last week, the ACLU created a stir when it suggested that the IRS may be reading taxpayers’ emails without obtaining a search warrant. At least at some point in time in the past, according to the IRS’ 2009 “Search Warrant...more
On March 29, 2013, South Korea’s antitrust watchdog, the Supreme Prosecutors’ Office raided the office of POSCO ICT, a subsidiary of POSCO that manages the parent company’s IT network, as part of an ongoing investigation of...more
On Thursday, March 21, 2013, a motion hearing occurred regarding the four Milwaukee Police Department (MPD) officers who face charges of conducting illegal strip searches and illegal body cavity searches. During the hearing,...more
Can police track your location via your cell phone without so much as obtaining a warrant? The answer, for now, is maybe.
The explosive pace of new technology has enabled people to connect and communicate in ways never before possible. Lawmakers and Internet advocates must now tango with each other in a scramble to keep up with the technology...more
With text messages, Tweets, Facebook posts and other digital communications so prevalent in student’s lives, schools have been struggling to deal with the influx of mobile devices on campus. Last week, the Sixth U.S. Circuit...more
For police to legally search your car, a number of circumstances must be met. Because it is mobile and comparatively easy to dispose of, a car has fewer protections against search than a home. Your permission or a valid...more
Overview: In a 5-4 decision,the U.S. Supreme Court this week ruled that a Florida police dog’s sniffing for drugs in front of a man’s home constituted an illegal search. Based on an unverified tip, police physically entered...more
Following Too Closely. It’s a basic traffic violation that we rarely think about. But the truth is that we all follow the car in front of us too closely. “Wait a second,” you say. “I’m a safe driver. I’ve never even been...more
Fans of the television show Breaking Bad remember the scene when Badger, the drug dealer, refused to sell drugs to a man he suspected was an undercover cop. The man managed to convince Badger that he was just a regular guy,...more
On March 21, a bipartisan group of legislators in the House of Representatives introduced a new bill, the Geolocation Privacy and Surveillance Act, which would force law enforcement to obtain a warrant to track suspects with...more
Overview: A California appellate court recently upheld the admission of evidence obtained from the sensing diagnostic module (SDM) of a vehicle impounded after a fatal crash. The SDM decides whether to deploy air bags based...more
While marijuana is legal in Colorado, it’s clearly not in Nebraska, where cops are reportedly enforcing that state’s laws by profiling drivers with Colorado license plates. ...more
The vast increase in the use of wireless data networks has led to new legal issues regarding network users’ right to privacy. A recent opinion issued by the U.S. District Court for the District of Oregon indicates that, under...more
The Supreme Court has been thoroughly divided on many major issues, but probable cause isn't one of them. When looked at within the context of the use of a drug-sniffing dog in a criminal case—is strict documentation of...more
It's a good week in the federal circuits for folks accused of a crime.
Instead of the all-too-common diet of sentencing remands, there are some nice wins on our rights against unreasonable searches and seizures and...more
Under Arizona law, police officers are vested with authority to immediately seize illegal drugs, including marijuana. Pursuant to A.R.S. §13-3413(C), seized drugs are then “summarily forfeited” which means that they are never...more
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