Warrantless Searches

No Warrant Exception For Slow Pursuit Into Home Of A $14.99 Phone Charger Robber

by Kyle P. Konwinski | Varnum LLP on 5/14/2013

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

Warrantless Cell Phone Searches – A Look at the Case Law

by Mintz Levin - Privacy & Security on 5/14/2013

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

by Tim Banks | Dentons on 4/25/2013

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

Warrantless Inspections are Not Warranted under the Freshwater Wetlands Protection Act

by Jill Richardson | Cole Schotz on 4/24/2013

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

BB&K Police Chief Bulletin: DUI Blood Test - Alcohol Dissipation Does Not Justify Warrantless Blood Test for Drunk Driving

by Paul A. Cappitelli, G. Ross Trindle III | Best Best & Krieger LLP on 4/22/2013

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

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

by Paul A. Cappitelli, G. Ross Trindle III | Best Best & Krieger LLP on 3/15/2013

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

How to Avoid a DUI Citation

by Lawyers.com on 1/31/2013

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

Patton Boggs Insights - December 2012: Litigation/Courts: MSHA Medical Records Demand Raises Constitutional Issues

by Henry Chajet | Patton Boggs LLP on 1/21/2013

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

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

by Kyle P. Konwinski | Varnum LLP on 1/17/2013

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

Supreme Court To Rule on Warrantless DUI Blood Tests

by Aaron Kase | Lawyers.com on 1/11/2013

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 dumb smart phone will give you up to the police!

by Thomas Valkenet on 12/1/2012

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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