News & Analysis as of

Search & Seizure Warrantless Searches

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

Illinois Appellate Court Limits Warrantless Searches of Liquor Licensees

by Holland & Knight LLP on

The Illinois Appellate Court has found unconstitutional a provision of the Illinois Liquor Control Act (Liquor Act) that authorizes unlimited inspection of liquor retailers' premises by local officials. The court ruled that...more

United States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes

by Rumberger Kirk & Caldwell on

The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when...more

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

by King & Spalding on

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

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

Warrantless Laptop Search Suppressed In Sixth Circuit

by 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

Federal Agents Lacked Authority to Search Airplane Passenger’s Laptop, Court Says

by McDermott Will & Emery on

A federal court this month found that federal agents lacked authority to conduct a warrantless search of a defendant’s laptop seized at an airport, rejecting the government’s argument that it has unfettered authority to...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

Maryland v. King: Possibly The Most Important Criminal Procedure Case in Decades

by Snell & Wilmer on

Many Supreme Court observers, including no less than Justice Samuel Alito himself, have described Maryland v. King as perhaps the most important criminal procedure case that the Court has decided in decades. While this may...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

Appeals Court: Forced Rectal Search of Suspect Violates 4th Amendment

by Ifrah PLLC on

In a recent opinion, the US Court of Appeals for the 6th Circuit addressed whether it was constitutionally reasonable for police to use a doctor – in this case, a doctor “who is known to conduct unconsented intrusive...more

Context, Content And Privacy In Warrantless Searches Of Cell Phone And Cameras

by Dentons on

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

BB&K Police Chief Bulletin: Search of Vehicle “Black Box" - Admissible Evidence Captured by Vehicle’s Sensing Diagnostic Module

by Best Best & Krieger LLP on

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

Warrantless Entry Allowed In Response to 911 Call Where There Is Evidence Of Injury

by Varnum LLP on

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

Your dumb smart phone will give you up to the police!

by Thomas Valkenet on

Your smart phone stores everything you expect to keep private, and in many states that information is readily available to the police! And police access to your private information may not even require a warrant. Will your...more

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Cybersecurity

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