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Electronically Stored Information Law Enforcement Fourth Amendment

EDRM - Electronic Discovery Reference Model

En Banc Fourth Circuit Geofence Decision is Splintered

In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more

WilmerHale

The Impact and Future of the Fifth Circuit’s New Hard-Line Stance on Geofence Warrants

WilmerHale on

On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more

WilmerHale

Outlier or Trend? A Possible Narrowing of the Border Search Exception for Electronic Devices

WilmerHale on

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

Snell & Wilmer

What Does the New Utah Electronic Data Privacy Law Do?

Snell & Wilmer on

Utah recently became the first state to enact a law specifically designed to protect private electronic information stored with third parties from collection by law enforcement without a valid warrant. Utah Governor Gary...more

Womble Bond Dickinson

New Utah Privacy Law Expands Warrant Requirement for Individuals’ Data Held by Electronic Communications Service Providers

Womble Bond Dickinson on

On March 27, 2019, Utah Governor Gary Herbert signed HB 57, a bill designed to increase privacy protections by requiring law enforcement to obtain a search warrant before being able to access a person’s data held by...more

Harris Beach Murtha PLLC

SCOTUS Requires Warrant for Cell Phone Location Records

Today, in a 5-4 decision, the US Supreme Court ruled that the government’s acquisition of information regarding an individual’s location based on a cell phone record amounts to a Fourth Amendment search and generally requires...more

Foley & Lardner LLP

The CLOUD Act's Dramatic Impact on International Privacy Laws

Foley & Lardner LLP on

Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data). Without any public hearings,...more

Proskauer - Minding Your Business

You’ve Got (Foreign) Mail: Can Law Enforcement Get to it?

Even though Microsoft is a U.S. corporation subject to domestic subpoenas and warrants, prosecutors are not entitled to emails stored on its servers abroad, the Second Circuit ruled last week in Microsoft Corp. v. United...more

Latham & Watkins LLP

Are Changes in Store for the Stored Communications Act?

Latham & Watkins LLP on

Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

King & Spalding

The U.S. Senate Judiciary Committee Holds Hearing To Discuss Reforms To The Electronic Communications Privacy Act

King & Spalding on

The U.S. Senate Committee on the Judiciary held a hearing to discuss reforms to the Electronic Communications Privacy Act (“ECPA”) proposed in Senate bill S. 356, The Electronic Communications Privacy Act Amendments Act of...more

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