News & Analysis as of

Search & Seizure Fourth Amendment

CAS Legal Mailbag Question of the Week – October, 2017 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I tried to get a police dog into my school on the morning of an overnight, out-of-state field trip so that the dog could sniff student luggage before putting the bags on the buses. I felt the need to do...more

Upcoming Supreme Court Case: Carpenter v. United States

by Morgan Lewis on

On June 5, 2017, the Supreme Court of the United States granted certiorari in Carpenter v. United States, a case in which the court will assess and decide the extent of the Fourth Amendment’s protection against a warrantless...more

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

by Fenwick & West LLP on

The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

North Carolina Law Requires Nurses to Comply with Police Demand for Blood Draw

The drawing of blood by healthcare providers for law enforcement purposes has been big news lately. In June, the North Carolina Supreme Court held in a case of first impression that North Carolina’s implied consent statute...more

“Not so fast, my friend*” — Judge Orders DreamHost Comply with DOJ’s Disruptj20 Search Warrant, with Caveats

by Moore & Van Allen PLLC on

Can the government force the hosting service of an activist website company to turn over vast amounts of user data in order to track down political protesters? According to a federal court ruling, the answer — Yes, but...more

The Carpenter Case and Other Privacy-Related News

by Revision Legal on

As we discussed in the last few weeks, privacy is repeatedly in the news. Washington lawmakers are trying again to update the Electronic Communications Privacy Act, the Stored Communications Act (the “SCA”), and the Pen...more

When A Police Stop Is Not A Stop

Yesterday the Second Circuit, in United States v. Huertas (15-4014) weighed in on the question of when a suspect’s brief encounter with police can support a finding that the suspect was “seized” within the meaning of the...more

The Fourth Amendment Implications of Sharing Server Space

The prosecution of Martin Shkreli, whom the BBC has called “the most hated man in America,” reveals some important lessons about the Fourth Amendment protections against search and seizure in the digital corporate context:...more

Administrative Law Judge Winnows OFCCP’s Data Request

by Littler on

On July 14, 2017, an administrative law judge issued a 43-page set of recommendations and order (“Order”) on the Office of Federal Contract Compliance Programs’ (“OFCCP”) data requests issued to Google, significantly...more

United States Supreme Court Shuts Down Ninth Circuit’s "Provocation Rule"

In an October 2010 use of force case arising out of an incident in Los Angeles County, the Ninth Circuit attempt to expand officer liability with the “Provocation Rule” was struck down by the United States Supreme Court....more

The “Third Party” Catch-22

by Ifrah PLLC on

As the Department of Justice has been doubling down on law enforcement overreach, the Supreme Court has just decided to hear a case that may limit the use of a common tool that law enforcement uses to infringe upon the...more

Electronics Ban for U.S.-Bound Flights May Extend to 71 Airports

by Cozen O'Connor on

On June 7, 2017 The U.S. Department of Homeland Security chief told a House panel that the federal government is considering an expansion of its ban on large electronics, like laptops, in carry-on bags from the 10 current...more

Carpenters, Carriers, and Cell-Sites (Oh My!): SCOTUS to Hear Mobile Locational Privacy Case

by Kelley Drye & Warren LLP on

On June 5, 2017, the United States Supreme Court granted cert in Carpenter v. United States, a case in the hotly contested area of mobile cellular location data privacy. The question before the Court is whether law...more

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

Exigent Circumstances Under the Fourth Amendment May Extend to the Need to Interview an Arrestee in Place

In a split decision in United States v. Delva, No. 15-cr-683 (Kearse, Winter, Jacobs), the Second Circuit held that the Fourth Amendment allowed law enforcement officers to seize cell phones and a number of letters that were...more

Second Circuit Provides Primer on Criminal Procedure in Methamphetamine Case

United States v. Lyle - In United States v. Lyle, 15-958-cr (Raggi, Chin, Lohier), the Second Circuit covered an array of criminal procedure issues—including the Fourth Amendment concerns associated with rental car...more

When Can a School Search a Student’s Bag?

by Reminger Co., LPA on

Last week the Ohio Supreme Court unanimously ruled that a school’s intrusive search of an unattended bag did not violate a student’s 4th Amendment right to be free from illegal search and seizures because the examination of...more

Court Upholds Murder-for-Hire Conviction, Rejects Fourth Amendment Challenges

The murder-for-hire statute makes it a crime to agree to commit murder in exchange for “anything of pecuniary value.” 18 U.S.C. § 1958. The Second Circuit has understood this language to require that, at the time of the...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

Latest Legal Developments On Student Searches

by Tucker Arensberg, P.C. on

Highhouse v. Wayne Highlands School District, — F.Supp.3d — 2016 WL 4679012 (M.D. Pa. Sept. 7, 2016): claims relating to unlawful strip search of student accused of stealing money against individual employees and a school...more

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...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

Beware of Potential Punitive Damages Associated with Section 1983 Actions

by SmithAmundsen LLC on

Under Title 42 § 1983 of the U.S. Code, liability is imposed upon individuals and entities that act “under color of law.” Based on the Fourth Amendment, people have the right to be secure against unreasonable searches and...more

Privacy Tip #80 – Continued Controversy Over Mobile Device Searches by CBP

Many people were shocked and outraged over the story I relayed about a U.S. citizen, in fact, a NASA scientist, who, after returning from racing solar cars abroad was required by Custom and Border Patrol (CBP) agents to hand...more

Immigration Fact or Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of...more

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