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Evidence Search & Seizure

Patterson Belknap Webb & Tyler LLP

Posts Resource Library Subscribe Prosecutors May Use Evidence Obtained from Trustee Without Warrant

We have blogged previously about the intersection of fraud and bankruptcy. A recent decision from the U.S. District Court for the Central District of California justifies an addition to that series of posts. Thomas...more

Association of Certified E-Discovery...

You’ll Want to Pay Attention to What the Colorado Supreme Court Just Did and its Future Impact on Privacy in Civil Discovery

[Editor’s Note: This article has been republished with permission. It was originally published November 2, 2023 on the eDiscovery Assistant Blog] In Episode 122, CEO and Founder of eDiscovery Assistant Kelly Twigger...more

EDRM - Electronic Discovery Reference Model

Examining a Leaked Criminal Warrant for Apple iCloud Data in a High Profile Case – Part 3

Inadvertently Disclosed Warrant Application Against Apple in a Criminal Investigation Against Retired Marine General Reveals Latest DOJ Search Procedures, the Dangers of Pacer and Too Much Court Record Transparency, and Much...more

Oberheiden P.C.

Received a Search Warrant? 10 Facts You Need to Know

Oberheiden P.C. on

Several federal agencies rely on search warrants to gather evidence in support of their law enforcement efforts. If you have received a search warrant from the Federal Bureau of Investigation (FBI), Drug Enforcement...more

Partridge Snow & Hahn LLP

'Slight' Smell of Marijuana Not Enough to Justify Extended Traffic Stop

A Rhode Island Superior Court judge recently cited the trend of decriminalizing and legalizing marijuana in granting a motion to suppress evidence that was obtained during a 2019 search of a vehicle after a traffic stop....more

Snell & Wilmer

U.S. Supreme Court Issues Unanimous Decision Supporting Tribal Sovereignty Rights

Snell & Wilmer on

On June 1, in a landmark case, the U.S. Supreme Court declared unanimously that tribal police officers have the authority to temporarily detain and search non-Natives on public rights-of-way through Indian lands if they are...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides United States v. Cooley

On June 1, 2021, the Supreme Court decided United States v. Cooley, No. 19-1414, holding that Indian tribe police officers retain authority to search and temporarily detain suspected non-Indian criminals on public...more

American Conference Institute (ACI)

[Virtual Event] Law of Policing Conference, Eastern Canada Edition - May 6th - 7th, 9:00 am - 4:15 pm EDT

The Canadian Institute’s 12th Annual Law of Policing Conference, Eastern Canada edition will take place May 6 & 7, 2021. This year’s event will take an in depth look at some of the social movements that are demanding change...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reverses One Conviction for Lack of Venue, Affirms Others Despite Unlawful Warrant

In United States v. Purcell, the Second Circuit (Lynch, Pooler, and Park) considered the conviction of defendant Lavellous Purcell on five counts all arising out of his operation of a prostitution business. On appeal,...more

Best Best & Krieger LLP

Law Enforcement Can’t Use an Administrative Search Warrant in Ongoing Criminal Investigation

Ninth Circuit Affirms Motion to Suppress Evidence Seized by Deputies Assisting Code Enforcement Officers - Law enforcement officers violate the Fourth Amendment when their “primary purpose” in assisting code enforcement...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Affirms Use of Handcuffs During Late Night Terry Stop

In United States v. Bekim Fiseku, the Second Circuit (Cabranes, Lynch, Carney) rejected the defendant’s argument that police officers unlawfully seized evidence from the trunk of his co-defendant’s vehicle. ...more

Moore & Van Allen PLLC

The CLOUD Act – Congress Passes New Bill Which Will Impact Access To Cross-Border Data

Moore & Van Allen PLLC on

On Friday, March 23, 2018, Congress passed a 2,232 page omnibus spending bill. Included in the bill was a bipartisan act known as the “Clarifying Lawful Overseas Use of Data Act” or CLOUD Act, which will allow United States...more

Dickinson Wright

If You Don’t Need It, Don’t Pack It: Border Searches of Mobile Devices

Dickinson Wright on

Currently there are a number of pending cases concerning the issue of whether Border searches can include a search of someone’s cellphone. On March 15, 2018, a divided 11th Circuit Court, upheld the conviction of a Florida...more

Patterson Belknap Webb & Tyler LLP

The Circuit Raises A Glass To A Broad Construction Of Law Enforcement’s Authority Under The Fourth Amendment

Yesterday the Second Circuit issued a decision in United States v. Diaz, No. 15-3776 (Walker, Sack, Chin). In an opinion by Judge Sack, the Court addressed two questions under the Fourth Amendment: when does a police...more

Manatt, Phelps & Phillips, LLP

Southern District Opinion Allows Seizure of Emails From Host Provider With Minimal Showing of Probable Cause

A Southern District of New York Magistrate Judge last week approved the government’s ability to conduct searches and seizures of entire email accounts stored by third-party providers like Google, Microsoft, Yahoo! and Apple...more

Snell & Wilmer

Maryland v. King: Possibly The Most Important Criminal Procedure Case in Decades

Snell & Wilmer on

Many Supreme Court observers, including no less than Justice Samuel Alito himself, have described Maryland v. King as perhaps the most important criminal procedure case that the Court has decided in decades. While this may...more

Best Best & Krieger LLP

BB&K Police Bulletin: Search Warrants - BB&K Victory Securing Qualified Immunity Controls in Child Molestation Case

Overview: The Ninth Circuit recently refused to suppress evidence of child pornography found on the iPod of an alleged child molester during a search of his home. The court explained that the outcome was controlled by its...more

Best Best & Krieger LLP

BB&K Police Chief Bulletin: Discarded Evidence - Handgun Not Product of Illegal Search if Discarded Before Owner Seized

Overview: The Ninth Circuit Court of Appeals recently upheld a conviction for felony firearm possession in a case where the handgun owner discarded the weapon before being seized. The court found that, although an illegal...more

Best Best & Krieger LLP

BB&K Police Chief Bulletin: K-9 Searches - Supreme Court Just Says No to K-9 Drug Sniffing on Porch

Overview: In a 5-4 decision,the U.S. Supreme Court this week ruled that a Florida police dog’s sniffing for drugs in front of a man’s home constituted an illegal search. Based on an unverified tip, police physically entered...more

Best Best & Krieger LLP

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

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

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