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
The past year’s trends in privacy and cybersecurity are set to intensify in 2022, with heightened threats, increased regulations, and elevated expectations - as well as new opportunities. To navigate the year ahead, we lay...more
On January 11, 2022, the Israeli Supreme Court, in an expanded panel of nine justices, prescribed a set of rules concerning procedures and judicial discretion on the granting of search warrants of computers and cellular...more
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
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
On June 22, the U.S. Supreme Court ruled that police usually need a search warrant before trying to track a person’s movements using cellphone data, even though the data is in the hands of a third party. In a 5-4 decision in...more
The Supreme Court of the United States issued six decisions today: WesternGeco LLC v. ION Geophysical Corp., No. 16-1011: Petitioner WesternGeco LLC owns patents relating to a system for surveying the ocean floor. ...more
The Pennsylvania Supreme Court recently issued a sweeping ruling “that accessing any information from a cell phone without a warrant” violates the Fourth Amendment to the United States Constitution. ...more
In 1986, Congress passed an obscure statute called the Stored Communications Act that has become much more relevant 30 years later. The U.S. Supreme Court will have two opportunities to help define the scope of digital...more
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
Arizona recently recognized a “legitimate expectation of privacy” in cell phones. The case was State v. Peoples, and the opinion was issued on September 12, 2016. The Peoples case was about the police’s search of a cell...more
On October 8, 2015, California Governor Jerry Brown signed into law the California Electronic Communications Privacy Act (“CalECPA” or the “Act”), sponsored by Senator Mark Leno (D-San Francisco). The Act requires law...more
Last Thursday, Governor Jerry Brown signed the California Electronic Communications Privacy Act (CalECPA) into law, which requires law enforcement to obtain a warrant before accessing or searching individuals’ digital...more
On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more
Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more
We previously reported that government access to cellphone geographic information or CSLI without a warrant has become a vigorous debate between the government, defense attorneys, and the federal bench. In a lengthy opinion,...more
Senators Ron Wyden (D-Oregon) and Dean Heller (R-Nevada) have introduced a bill that would require a warrant prior to the use by any federal entity—including federal law enforcement—of a “mobile aerial-view device.” Such...more
On July 14, 2015, the California Electronic Communications Privacy Act (“Cal-ECPA”) unanimously passed the California State Assembly’s public safety committee. The bill would forbid warrantless cellular “stingrays” as well...more
Two recent opinions have significantly restricted the practice of warrantless collection of data stored on cell phones or by cell phone service providers. In Riley v. California the U.S. Supreme Court confirmed that a warrant...more
The United States Supreme Court has ruled that police officers must generally secure a warrant before searching through the contents of a cell phone of a person they arrest. This decision will have important implications for...more
On June 25, 2014, the Supreme Court of the United States decided Riley v. California, No. 13-132, and United States v. Wurie, No. 13-212, holding that police must generally obtain a warrant before searching a cell phone...more
Overview: Today, the U.S. Supreme Court held that police officers may not search digital information on a mobile phone device seized from a person who has been arrested without a warrant. In Riley v. California and U.S. v....more