News & Analysis as of

Search & Seizure Search Warrant

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

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

The Delphic Provision

by Hogan Lovells on

On 8 December 2014, the agreement between the three Departments of Mineral Resources (DMR), Environmental (DEA) and Water Affairs, also known as the “One Environmental System” became a reality. In principle, this was aimed at...more

Tech Rally – Industry Giants Back Google's Play to Protect Data

by Bracewell LLP on

On March 10, 2017, Google Inc. filed its objection to a Pennsylvania magistrate judge's order to comply with search warrants and turn over personal user data partially stored on foreign servers abroad. A number of technology...more

Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law...more

Government Raids in Korea: What You Should Do When Faced with One

by Kobre & Kim on

An on-site raid for evidence is a common tool for Korea’s enforcement authorities – particularly when the public prosecutor’s offices are taking the lead in high profile cases. This may surprise practitioners with US...more

Defence & Indemnity - April 2016: IV. PRACTICE ISSUES B.

by Field Law on

B. Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission? R. v. Fedan, 2016 BCCA 26, per Smith, J.A. [4176]...more

High Court Adopts Out-Of-District Electronic Searches

by McGuireWoods LLP on

By letter to House Speaker Paul Ryan on April 28, 2016, the Supreme Court adopted two significant amendments to Rule 41 of the Federal Rules of Criminal Procedure–the rule governing search and seizure. The amendments, if...more

Does the Government Have Carte Blanche to Retain Seized Data Indefinitely? In Amicus Brief to the Second Circuit, Policy Groups...

by BakerHostetler on

On July 29, 2015, BakerHostetler filed an amicus brief with the Second Circuit on behalf of the Center for Democracy and Technology, joined by five prominent nonprofit public interest groups, for the en banc rehearing of...more

Riley and the Third-party Doctrine

On June 25, 2014, the U.S. Supreme Court issued one groundbreaking opinion in two cases regarding cellphone searches incident to arrest. In a unanimous opinion, the court held that under the Fourth Amendment, police must...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: Police Need Search Warrant to Examine Hotel/Motel Registers

by Best Best & Krieger LLP on

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

by Baker Donelson on

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

What To Do When You Are Served With a Search Warrant

by Latham & Watkins LLP on

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

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

BB&K Police Bulletin: Search Warrants - BB&K Victory Securing Qualified Immunity Controls in Child Molestation Case

by Best Best & Krieger LLP on

Overview: The Ninth Circuit recently refused to suppress evidence of child pornography found on the iPod of an alleged child molester during a search of his home. The court explained that the outcome was controlled by its...more

BB&K Police Bulletin: DNA Collection - U.S. Supreme Court Upholds Cheek Swab Search

by Best Best & Krieger LLP on

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

BB&K Police Bulletin: Probation Search - “Search Terms” Allow Officers to Search Any Area Under Probationer’s Joint Control

by Best Best & Krieger LLP on

Overview: A California appellate court recently ruled that a peace officer could search any part of a residence over which a probationer with “search terms” as a condition of probation had joint control or access. ...more

California Moves One Step Closer to Passing Privacy Bill Requiring a Search Warrant for Providers' Customers' Emails

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

Court to Rule on Exceptions to Warrant Requirement for GPS Tracking

by Ifrah PLLC on

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

Is The IRS Reading Emails With A Search Warrant?

by Charles (Chuck) Rubin on

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

Court: Data on Unsecured Network May Qualify for 4th Amendment Protection

by Ifrah PLLC on

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

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Cybersecurity

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