Big Brother Is Tracking You through Your Cell Phone
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
The 2013 U.S. Supreme Court term features several employment law cases important to employers and human resource professionals, including the following significant pending cases...more
Overview: The United States Supreme Court has upheld a Maryland law authorizing police to collect a DNA sample from suspects charged with violent crimes. Using the cheek swab of an assault suspect in 2009, police were able to...more
The United States Supreme Court has a busy docket for 2013. A number of important cases affecting the criminal justice system throughout the United States are to be decided this season. Cases involving the Fourth Amendment’s...more
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
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
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 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
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
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
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
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
Someone told the police that Chunon Bailey sold drugs. Worse, he sold drugs and had a gun at his house at 103 Lake Drive in Wyandanch, New York. That someone was a confidential informant. The police took that tip...more
In a unanimous decision, the U.S. Supreme Court Monday ruled that an alert by a trained drug-sniffing dog constitutes probable cause for a police search under most circumstances. In Florida v. Harris, the court rejected...more
The Supreme Court has said that you can never suppress the body of a person accused of a crime - the person's identity is not able to be kept out of evidence, even if that identity is the result of an unlawful arrest or...more
Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more
Google released a transparency report last week showing that government snooping into your personal data is on the rise. The numbers released by the Internet giant show that law enforcement officials in the United...more
Whether the police have the right to search a car depends on the circumstances surrounding the search and whether authorities perform the search before or after arrest. In many cases, when officers ask for permission to...more
Have you ever wondered, as a parent, as a child, or perhaps as a college roommate, what the police can do when you call 911 on behalf of another? In Stricker v. Twp. of Cambridge, Case No. 11-1998 (6th Cir. Jan. 14, 2013),...more
A federal judge on Jan. 8 put a temporary halt to the New York City Police Department’s controversial “stop and frisk” program as it applies to visitors and residents of a group of residential buildings in the Bronx....more
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