Bar Exam Toolbox Podcast Episode 222: Listen and Learn -- Criminal Procedure: Stop and Frisk
Bar Exam Toolbox Podcast Episode 220: Listen and Learn -- Exceptions to the Warrant Requirement
Bar Exam Toolbox Podcast Episode 173: Listen and Learn -- Criminal Procedure: Warrant Requirements
Bar Exam Toolbox Podcast Episode 141: Listen and Learn -- The Fourth Amendment
Search Warrant Protocol: Stop a Bad Day from Getting Worse [More with McGlinchey Ep. 6]
Bar Exam Toolbox Podcast Episode 70: Tackling a California Bar Exam Essay: Criminal Law and Procedure
Episode 34 -- The Cohen Criminal Investigation and the Search Warrants
Government Investigations - How to Respond to a Search Warrant: 10 Practical Steps
On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more
What’s in a name? If it’s in a warrant and you’re in the Eleventh Circuit, enough to arrest and jail you for three days even if you don’t match the description of the wanted person, the warrant was issued 26 years earlier...more
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
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
Utah recently became the first state to enact a law specifically designed to protect private electronic information stored with third parties from collection by law enforcement without a valid warrant. Utah Governor Gary...more
On March 27, 2019, Utah Governor Gary Herbert signed HB 57, a bill designed to increase privacy protections by requiring law enforcement to obtain a search warrant before being able to access a person’s data held by...more
Can a fingerprint alone provide “testimony” about a person? Earlier this month, a federal court in California said yes. But the court was not engaging in a highly-localized form of palm-reading; rather, the question arose in...more
Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data). Without any public hearings,...more
In a case of first impression, the Florida Fourth District Court of Appeal held that police need a warrant to search a vehicle’s black box or event data recorder (EDR)....more
Even though Microsoft is a U.S. corporation subject to domestic subpoenas and warrants, prosecutors are not entitled to emails stored on its servers abroad, the Second Circuit ruled last week in Microsoft Corp. v. United...more
Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more
Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more
With the spotlight on one high-profile battle that pits privacy rights against public safety interests, another crucial, similar dispute is making its way through the courts. How to evaluate new technology and its potential...more
The California legislature recently enacted the California Electronic Communications Privacy Act (“CalECPA”) (Senate Bill 178), which provides greater protections against governmental searches for persons’ electronic...more
As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more
The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more
The Supreme Court of the United States released a unanimous decision last week barring law enforcement from searching the mobile phones of individuals placed under arrest without first obtaining a search warrant or the...more
One of the fundamental liberties protected by the Bill of Rights is freedom from unreasonable searches. The Fourth Amendment reflects the concern that “We the People” should not be subjected to intrusive searches of our...more
In a unanimous decision issued last week, the Supreme Court ruled that police cannot search the cell phones of arrested individuals without a warrant. In reaching its decision, the Court recognized that there is an immense...more
In a decision that changes the way law enforcement officers collect electronic information, the U.S. Supreme Court ruled in Riley v. California, 573 U.S. ___ (2014), that officers may not search a cell phone incident to a...more
On June 25, 2014, the Supreme Court unanimously ruled that police must first obtain a warrant before searching the cell phones of arrested individuals, except in “exigent circumstances.” Chief Justice John Roberts authored...more
On June 25th, the Supreme Court brought the Fourth Amendment into the digital age with its ruling in Riley v. California. The case presented the question of whether a warrant was required in order for law enforcement to...more
The Supreme Court, in a unanimous decision, limited the ability of law enforcement to search cell phones while making arrests, requiring police to obtain a search warrant before examining the data contained in an arrestee’s...more
In Riley v. California, the United States Supreme Court unanimously held that the Fourth Amendment prohibits police officers from searching through the data on an arrested suspect's cell phone as an "incident to the arrest"...more