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Search & Seizure Fourth Amendment Reasonable Expectation of Privacy

Robinson+Cole Data Privacy + Security Insider

Court Rules that Universities Can’t Scan Students’ Rooms During Remote Testing

In a case brought against Cleveland State University, a federal court has ruled that it is unconstitutional for a state university to require a student to allow a virtual camera scan of their home testing area during a remote...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts - July 2020

In this issue, we discuss the new initiatives under New York's BitLicense regime that clarify and streamline the regulatory landscape for virtual currency entities doing business within the state. We also examine the...more

Patterson Belknap Webb & Tyler LLP

Circuit Holds No Reasonable Expectation of Privacy in Rental Car for Unauthorized and Unlicensed Driver

In United States v. Lyle, 15-058-cr (April 1, 2019) (Raggi, Chin, Lohier), the Second Circuit, following a remand from the United States Supreme Court, once again held that the search of a rental car that James Lyle was...more

Mintz - Privacy & Cybersecurity Viewpoints

Carpenter v. United States Privacy Case Pushes Supreme Court to Decide Fourth Amendment Protections of Cell Phone Metadata

The U.S. Supreme Court heard oral arguments in what may become one of the defining consumer privacy cases of our generation. The central question in Carpenter v. United States asks whether the government violates the Fourth...more

King & Spalding

Can You Find Me Now? U.S. Supreme Court Considers Cell Phone Location Tracking Data In The Digital Age In Landmark Privacy Case

King & Spalding on

On November 29, 2017, the U.S. Supreme Court heard oral argument in United States v. Carpenter, a case that could fundamentally change the way the government collects, uses, and tracks individuals’ location information...more

Bradley Arant Boult Cummings LLP

Drawing the Line: Supreme Court Addresses Major Privacy Rights in Cell Phone Dispute

On Wednesday, November 29, 2017, the Supreme Court heard arguments in the appeal of Timothy Carpenter, a man convicted and sentenced to 116 years for his role in a series of armed robberies. In proving his guilt, prosecutors...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Supreme Court Hears Oral Argument Today in Major Case Regarding Cell Phone Location Privacy

In Carpenter v. United States, federal investigators sought cellphone location data for a set of persons suspected in a series of robberies. The Fourth Amendment prevents the government from conducting unreasonable searches...more

Farella Braun + Martel LLP

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

Patterson Belknap Webb & Tyler LLP

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

Proskauer - Law and the Workplace

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

King & Spalding

En Banc Fourth Circuit Rules No Fourth Amendment Protection For Cell-Site Location Information

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On May 31, 2016, the U.S. Court of Appeals for the Fourth Circuit held in United States v. Graham, Nos. 12-4659 and 12-4825, in an en banc rehearing, that the government’s acquisition of historical cell-site location...more

King & Spalding

Warrantless Laptop Search Suppressed In Sixth Circuit

King & Spalding on

On May 20, 2015, the Sixth Circuit ruled that the warrantless search of a laptop exceeded the scope of a preceding private search, and was therefore unconstitutional....more

Hinshaw & Culbertson LLP

Evolving Expectations of Privacy: Klayman v. Obama

Hinshaw & Culbertson LLP on

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

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