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Search & Seizure Search Warrant Fourth Amendment

Law School Toolbox

Bar Exam Toolbox Podcast Episode 141: Listen and Learn -- The Fourth Amendment

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Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing when the Fourth Amendment to the United States Constitution applies, and how to determine if an unlawful search has...more

Poyner Spruill LLP

Torres v. Madrid (New Excessive Force Opinion from SCOTUS)

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In a 5-3 decision authored by Chief Justice Roberts, the U.S. Supreme Court ruled in Torres v. Madrid that a woman who was shot while fleeing from police officers was “seized,” even though she remained at large. ...more

Eversheds Sutherland (US) LLP

The First Circuit Court of Appeals confirms government’s expansive authority to search electronic devices

In a closely watched decision, the US Court of Appeals for the First Circuit confirmed the government’s expansive authority to search cell phones, laptops, and other electronic devices at the border. On February 9, 2021, the...more

Freeman Law

Bare Bitcoins — No Fourth Amendment Privacy in Virtual Currency Records

Freeman Law on

Virtual currency has been around for a number of years now, and yet many still believe virtual currency transactions provide a level of anonymity and privacy not afforded by other types of monetary transactions. That simply...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reverses One Conviction for Lack of Venue, Affirms Others Despite Unlawful Warrant

In United States v. Purcell, the Second Circuit (Lynch, Pooler, and Park) considered the conviction of defendant Lavellous Purcell on five counts all arising out of his operation of a prostitution business. On appeal,...more

Patterson Belknap Webb & Tyler LLP

Circuit Holds That Internet Service Provider Was Not A Government Actor Under the Fourth Amendment

In United States v. DiTomasso, Defendant was convicted of producing child pornography and transporting and distributing child pornography in the Southern District of New York.  ...more

Franczek P.C.

Do I Smell a Problem? Considerations When Implementing Randomized Drug Dog Searches in Schools

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One of our favorite sources for Franczek email alerts is our readers, and we recently received a question from a Twitter follower about the legal considerations related to randomized dog searched in public schools. ...more

Best Best & Krieger LLP

“Chalking” Vehicles is a Search Under the Fourth Amendment, Sixth Circuit Finds - Court Did Not Address Whether Chalking Violates...

The City of Saginaw, Mich. uses the common technique of “chalking” — marking a parked car’s tire with chalk to track how long it is stationary. If an officer sees the chalk on the tire beyond the amount of time of the parking...more

Moore & Van Allen PLLC

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

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

Patterson Belknap Webb & Tyler LLP

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

Snell & Wilmer

On the Border: Lawmakers Seek to End Warrantless Searches of Electronic Devices by Border Authorities

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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

Bracewell LLP

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

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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

BakerHostetler

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

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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

Pillsbury Winthrop Shaw Pittman LLP

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

Clark Hill PLC

Legal Updates for Government Entities Covering March and April 2014

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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

Best Best & Krieger LLP

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

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

Pillsbury - Internet & Social Media Law Blog

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

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