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
*A recent federal appeals court’s decision to reverse the stoppage of a criminal investigation in Florida has implications for civil litigants in Tennessee.* On December 1, 2022, the U.S. Court of Appeals for the Eleventh...more
Several federal agencies rely on search warrants to gather evidence in support of their law enforcement efforts. If you have received a search warrant from the Federal Bureau of Investigation (FBI), Drug Enforcement...more
Consider what would happen if government agents executed a search warrant at your business and collected hundreds of emails between employees and outside counsel. What would you do? ...more
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
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
The Defend Trade Secrets Act (“DTSA”), 18 U.S.C. § 1836, et seq., is approaching its fifth anniversary after being signed into law by President Barack Obama on May 11, 2016. To celebrate, we are highlighting some of the...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
The most intimate information can be found in the data on our cellphones and laptops, from geo-location data to search history. The level of privacy protections afforded to electronic data and communications have been unclear...more
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
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
San Francisco police made national news May 10 when officers burst into a journalist’s house using sledgehammers and kept him handcuffed for hours while they ransacked his home and office. It was a shocking attack on the free...more
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
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
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
In Part 3 of our series on health care investigations, Mark Rush and John Lawrence discuss the process for external investigations conducted by federal and state governmental agencies, including in the context of qui tam...more
In early January 2018, U.S. Customs and Border Protection (CBP) announced an updated policy for searching electronic devices at U.S. borders. The new directive supersedes a previous directive that was released in August 2009....more
The US Supreme Court has granted certiorari to review a decision by the Second Circuit Court of Appeals, which reversed a District Court’s refusal to quash a warrant issued by the Department of Justice to Microsoft that would...more
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
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
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
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
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
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
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
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