[Podcast] Hosted Payload Episode 2
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Is the TCPA Unconstitutional? [More With McGlinchey, Ep. 18]
Podcast: Conductive Discussions: Recent FRAND & Trade Secret Enforcement Trends Affecting the Semiconductor Industry
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
Won’t You Be My Neighbor?
A Valuable Discussion About Property Values
The TCPA: Basics, Targeted Industries, and Trends
New Jersey to consider allowing police to search cell phones to combat distracted driving
Instapundit: America's IP Laws Need to be "Pruned Back"
As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...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
Can a fingerprint alone provide “testimony” about a person? Earlier this month, a federal court in California said yes. But the court was not engaging in a highly-localized form of palm-reading; rather, the question arose in...more
A federal magistrate judge in California has ruled that law enforcement personnel may not require suspects to unlock their phones with biometric identifiers like a fingerprint, iris scan or facial recognition, saying the...more
In United States v. Gilliam, 15-387, the Second Circuit (Newman, Winter, Cabranes) held that, under the exigent circumstances present in that case, law enforcement could use cell phone GPS data to locate a suspect without...more
Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more
Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more
As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more
A New York federal magistrate court has ordered an unnamed cellphone manufacturer to attempt to unlock a password-protected cellphone so that a search warrant may be executed. In early October, the court authorized law...more
Courts hold that officers may rely on law in effect at the time they conduct a search - Overview: The California Court of Appeal recently held, in two separate rulings, that the recent holdings requiring law...more
In a recent decision with significant implications for smart phone users’ privacy expectations, the Supreme Court, in Riley v. California, unanimously rejected the application of the “incident to arrest doctrine” to law...more
The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more
The Supreme Court of the United States released a unanimous decision last week barring law enforcement from searching the mobile phones of individuals placed under arrest without first obtaining a search warrant or the...more
One of the fundamental liberties protected by the Bill of Rights is freedom from unreasonable searches. The Fourth Amendment reflects the concern that “We the People” should not be subjected to intrusive searches of our...more
In a unanimous decision issued last week, the Supreme Court ruled that police cannot search the cell phones of arrested individuals without a warrant. In reaching its decision, the Court recognized that there is an immense...more
In a decision that changes the way law enforcement officers collect electronic information, the U.S. Supreme Court ruled in Riley v. California, 573 U.S. ___ (2014), that officers may not search a cell phone incident to a...more
On June 25, 2014, the Supreme Court unanimously ruled that police must first obtain a warrant before searching the cell phones of arrested individuals, except in “exigent circumstances.” Chief Justice John Roberts authored...more
On June 25th, the Supreme Court brought the Fourth Amendment into the digital age with its ruling in Riley v. California. The case presented the question of whether a warrant was required in order for law enforcement to...more
The Supreme Court, in a unanimous decision, limited the ability of law enforcement to search cell phones while making arrests, requiring police to obtain a search warrant before examining the data contained in an arrestee’s...more
In Riley v. California, the United States Supreme Court unanimously held that the Fourth Amendment prohibits police officers from searching through the data on an arrested suspect's cell phone as an "incident to the arrest"...more
With the present Term nearing its end, the U.S. Supreme Court took a major step forward in unanimously extending individual protections from police intrusion into the realm of digital privacy. In a consolidated decision in...more
In June of 2013, a New Jersey state senator introduced a bill that would authorize law enforcement officers to temporarily seize and search a motorist's cell phone after an accident to determine if the motorist was distracted...more