Warrants

News & Analysis as of

Federal District Court Decision in Microsoft Case re Warrants for Content Stored Outside US

On July 31, the district court judge issued a ruling in the case involving the US Government’s warrant issued to Microsoft to compel production of data stored on the servers of its wholly owned Irish subsidiary located in...more

Microsoft loses third round of battle against extra-territorial warrants

On 31 July, the chief judge of the Southern District of New York delivered the latest in a series of controversial judgments stemming from a test case brought by Microsoft in an extra-territorial warrant issued under the U.S....more

Social Media Roundup: The Top 5 Buzzing Issues

Here is a look at some of the hottest topics lawyers and others in the legal industry have been abuzz about: 1. BP’s change of heart over its settlement for the 2010 Deepwater Horizon oil spill disaster - In...more

Can A GPS Result In TMI?

The answer is “yes” – tracking employees by using Global Positioning Systems (GPS) can give an employer too much information (TMI). Surreptitious Surveillance In 2012, the U.S. Supreme Court held (in the case of U.S....more

Houseman v. Sagerman, C.A. No. 8897-VCG (Del. Ch. Apr. 16, 2014) (Glasscock, V.C.)

In this opinion, the Court of Chancery held that the plaintiffs failed to adequately plead that the board failed to satisfy its Revlon duties in good faith and to negotiate consideration for alleged derivative claims that...more

SDNY Significantly Broadens Reach of Warrants under the Stored Communications Act: Forces Microsoft to Produce Customer Email on...

Last Friday, in the Southern District of New York, U.S. Magistrate Judge James C. Francis IV compelled extensive production of the contents of an unnamed user’s email account stored on a Microsoft server located in Dublin,...more

Magistrate’s Issuance of Warrant Demonstrates that Officers’ Actions are “Objectively Reasonable” and Thus Entitled to Qualified...

A man brought a lawsuit against police officers alleging violations of his Fourth Amendment rights. The officers conducted searches of his car, home, and workplace in connection with allegations that he disseminated indecent...more

Warrantless Searches of Electronic Communication

Recent news about federal executive agencies obtaining information on private citizens without warrants has many Americans concerned about an erosion of civil liberties. Both the Internal Revenue Service (IRS) and the...more

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

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

Supreme Court Rules Text Messages are Private Communications

The Supreme Court of Canada in R v. Telus has ruled that text messaging is essentially another form of conversation and should receive the same protection to which private communications are entitled under the Criminal Code....more

Bill Introduced On Warrantless GPS Tracking

On March 21, a bipartisan group of legislators in the House of Representatives introduced a new bill, the Geolocation Privacy and Surveillance Act, which would force law enforcement to obtain a warrant to track suspects with...more

Your dumb smart phone will give you up to the police!

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

Police Operation Nabs 12,000 Felons in Florida

The streets of Florida could be a little bit safer after a three-week police initiative resulted in the arrest of nearly 12,000 felons. The initiative named "Operation: Felon Sweep" targeted felons known to be, or believed to...more

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