Two police officers are being sued because they entered Charles Smith's home after he stole a $14.99 (presumably, before tax) phone charger from Walgreens. As the Sixth Circuit acknowledged: "But for the want of $14.99 or a...more
When a person is arrested with a cell phone, law enforcement officers will likely want to search the phone’s contents. Today’s smart phones are a treasure trove of contacts, calendars, voice and text messages, e-mail,...more
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
The New Jersey Supreme Court recently held that the New Jersey Department of Environmental Protection (NJDEP) may not conduct a warrantless administrative inspection of a residential property subject to a Freshwater Wetlands...more
Overview: The U.S. Supreme Court recently ruled that the natural dissipation of alcohol in the bloodstream did not necessarily create an exigent circumstance justifying a warrantless blood test in all DUI cases. Missouri...more
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
Getting a DUI citation will ruin your life. You’ll lose your license, which means you may lose your job, you’ll pay huge fines and you may go to jail. All of this could have been avoided if you had just known your own...more
MSHA’s demand in 2010 for mine operators to disclose confidential medical and business records led to a court challenge alleging that it violated the Fourth Amendment prohibition against warrantless search and seizure as well...more
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
The U.S. Supreme Court heard arguments today over whether police should be allowed to take blood samples of suspected drunk drivers without a warrant.
The justices are looking at the case of Tyler G. McNeely, who was...more
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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