News & Analysis as of

Warrantless Searches

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more

On the Border: Lawmakers Seek to End Warrantless Searches of Electronic Devices by Border Authorities

by Snell & Wilmer on

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

Odor of Marijuana Grounds for Vehicle Search

by Pessin Katz Law, P.A. on

In Robinson, et. al. v State, Nos. 37, 39, & 46, September Term, 2016, decided January 20, 2017 (Watts, J.), the Maryland Court of Appeals, Maryland’s highest court, (the “Court”) held that a law enforcement officer...more

Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the...

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations...more

“Alexa, Are My Questions to You Discoverable?”

by Williams Venker & Sanders on

The Amazon Echo is a hands-free speaker controlled with your voice. It features a personal assistant, “Alexa,” who will perform various tasks for the user in response to the “wake word,” Alexa. Over the holidays, I observed...more

Tenth Circuit Upholds Discharge of Employee in Safety-Sensitive Position Who Tested Positive for Cocaine

On February 6, 2017, the Tenth Circuit Court of Appeals ruled that Wyandotte County, Kansas, did not violate the U.S. Constitution by discharging an employee in a safety-sensitive position after he tested positive for cocaine...more

Illinois Appellate Court Limits Warrantless Searches of Liquor Licensees

by Holland & Knight LLP on

The Illinois Appellate Court has found unconstitutional a provision of the Illinois Liquor Control Act (Liquor Act) that authorizes unlimited inspection of liquor retailers' premises by local officials. The court ruled that...more

Court Finds Airport Cannot Fly Under the Radar on Employee’s Email Privacy Claims

by PretiFlaherty on

A federal district court in Virginia recently grounded an airport’s attempt to escape liability for accessing an employee’s email account. (Hoofnagle v. Smyth-Wythe Airport Commission.) The decision, which delivered a mixed...more

Tech & Car Companies Resist California's Proposed Autonomous Vehicle Rules

by Foley & Lardner LLP on

A who’s who of the automotive and tech sector reacted with concern at the state of California’s proposed rules for autonomous vehicles. Among other things, the companies were not happy that what the United States made...more

United States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes

by Rumberger Kirk & Caldwell on

The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when...more

Privacy and The Cell Phone: Arizona Says Yes

by Snell & Wilmer on

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

Marijuana Defense Attorney | Does the Odor of Marijuana Justify Probable Cause for a Search?

Can a cop search my home or vehicle without consent just because he smells marijuana? This question is one I field on a regular basis as new clients seek out an experienced marijuana defense attorney. “After all,” the...more

En Banc Fourth Circuit Rules No Fourth Amendment Protection For Cell-Site Location Information

by King & Spalding on

On May 31, 2016, the U.S. Court of Appeals for the Fourth Circuit held in United States v. Graham, Nos. 12-4659 and 12-4825, in an en banc rehearing, that the government’s acquisition of historical cell-site location...more

Federal Court Allows the EEOC to Conduct Investigation on Employer’s Premises Without Employer Consent or a Warrant

Many employers are familiar with the fact that the EEOC regularly conducts on-site workplace investigations after receiving charges of discrimination or harassment. A recent federal court decision, however, may lead to an...more

Defence & Indemnity - April 2016: IV. PRACTICE ISSUES B.

by Field Law on

B. Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission? R. v. Fedan, 2016 BCCA 26, per Smith, J.A. [4176]...more

Defence & Indemnity - April 2016: IV. PRACTICE ISSUES

by Field Law on

A. Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission? R. v. Glenfield, [2015] O.J. No. 1212, per Hambly, J. [4175]...more

No Knocking Necessary: Court Rules EEOC Can Enter Employer’s Premises Without Warrant Or Consent

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Court ordered enforcement of the EEOC’s subpoena and authorized the Commission to conduct an on-site investigation without the employer’s consent. The EEOC has conducted on-site inspections of...more

An Important Check On The Abuse Of Government Authority

by McGuireWoods LLP on

As citizens of a nation founded on the rule of law, we depend upon law enforcement and prosecutors to protect us from harm and from those who infringe our liberty. In exchange for this protection, we permit these public...more

Seventh Circuit Eliminates “Consent Once Removed” Doctrine

by McGuireWoods LLP on

If a business invites an employee, customer, or business associate onto its premises, has it consented to a search by government agents? Under the “consent once removed” doctrine, the answer may be yes if the invited...more

Cellphone Searches After Riley v. California: Will This Landmark Decision Transform Hallowed Fourth and Fifth Amendment...

SUMMARY - In a seminal decision, the U.S. Supreme Court held in Riley v. California and United States v. Wurie that police need a warrant justified by probable cause to search a cellphone seized incident to lawful...more

Federal Judge Rules Against NSA Telephone Surveillance Program

by King & Spalding on

On Monday, November 9, Judge Richard Leon of the U.S. District Court for the District of Columbia ruled, in Klayman v. Obama, against part of the National Security Agency’s (“NSA”) surveillance program that collects domestic...more

California Electronic Communications Privacy Act signed by Governor

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

Constitution Day — Celebrating a Living Document

On Friday, September 18, 2015, the Palm Beach Chapter of the American Board of Trial Advocates (ABOTA) hosted a James Otis Lecture at the Palm Beach County School Board headquarters building in West Palm Beach. ABOTA is a...more

You Can Check Out Any Time You Like… But Your Information Might Never Leave

by Seyfarth Shaw LLP on

When you check into a hotel, do you assume that the clerk asks for your license plate number to avoid accidentally towing your car? Or that guest services wants to know how many people are in your group to make sure that...more

Government Dismisses Its Case After Warrantless Airport Laptop Search

by Ifrah PLLC on

The government has voluntarily dismissed its case against Jae Shik Kim, the South Korean businessman for whom Ifrah Law obtained a motion to suppress in federal court. In 2012, Mr. Kim was stopped by federal agents as he...more

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Cybersecurity

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