News & Analysis as of

Fourth Amendment

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -

Understanding eDiscovery in Criminal Cases, Part Two: eDiscovery Best Practices

by CloudNine on

...Because more than 90 percent of documents today are generated in electronic format, ESI is becoming more and more prominent in criminal matters, especially white collar criminal cases. But many attorneys who take on a...more

New York State Police Introduce Use of Drones

by Harris Beach PLLC on

Governor Andrew M. Cuomo just announced the launch of the New York State Police Unmanned Aerial System program, which will be used to support law enforcement missions, including disaster response and traffic safety. The...more

Commentary: Tartikov v. Pomona and RLUIPA

by Pessin Katz Law, P.A. on

Over the years, I’ve represented a number of churches and synagogues in their pursuit of zoning and development approvals to build places of worship. In my consultations with these clients, inevitably someone says something...more

Privacy vs. Security: Will SCOTUS Leave the (Third) Party in 2018?

If the government obtains information about your past locations from your wireless provider, is that a search? If so, is it a search that requires the government to obtain a warrant? Courts have held that, because companies...more

New Year Brings Major Changes To California Employers’ Immigration Practices - FAQs Regarding California AB450 – The Immigrant...

by Fisher Phillips on

Soon after ringing in the New Year, California employers will need to spend the beginning of 2018 coming to grips with a significant new law that will require an immediate adjustment to immigration-related business practices....more

Third Circuit Addresses Preemption By Federal Common Law

The states employ unclaimed property laws (also referred to as escheat laws) to determine if property owned by one person but that is in the possession of another person is subject to the state’s control after the period of...more

Nation on Hold for Supreme Court Carpenter v. United States Decision

by Reed Smith on

On November 29, many interested audience members packed into the Supreme Court to witness oral argument on the issue of whether the Fourth Amendment demands that the government obtain a warrant in order to acquire long-term,...more

Is Your Company Email to Santa Protected?

by Gray Reed & McGraw on

Frazzled by the incessant demands for her company Acne Brick’s financial records from her husband’s divorce lawyer Ditcher Quick, company president Annie Acne was wondering what her next maneuver might be when her Information...more

Third Circuit Continues the Marathon Battle Over Delaware’s Escheat Law

by Alston & Bird on

On December 4, 2017, the Third Circuit Court of Appeals vacated the Delaware federal district court’s dismissal of the plaintiffs’ claims in Marathon Petroleum Corp., et al. v. Cook. The court held that the plaintiffs did in...more

Data Privacy + Cybersecurity Insider - December 2017

by Robinson & Cole LLP on

The Consumer Financial Protection Bureau (CFPB), one of the watchdogs of the financial services industry, has announced through Acting Director Mick Mulvaney that it will no longer collect personal information of consumers...more

Supreme Court Searches for Fourth Amendment Line for the Digital Economy

by Ropes & Gray LLP on

On November 29, 2017, the Supreme Court heard oral argument in Carpenter v. United States. The Court’s decision could have critical implications for companies operating in the digital economy and their ability to limit...more

US Supreme Court Evaluates Privacy of Cell Phone Data

Last Thursday, the United States Supreme Court heard argument in Carpenter v. United States. At issue was whether the FBI violated the Fourth Amendment when it obtained the cellphone location records of the Timothy...more

Can You Find Me Now? U.S. Supreme Court Considers Cell Phone Location Tracking Data In The Digital Age In Landmark Privacy Case

by King & Spalding on

On November 29, 2017, the U.S. Supreme Court heard oral argument in United States v. Carpenter, a case that could fundamentally change the way the government collects, uses, and tracks individuals’ location information...more

Drawing the Line: Supreme Court Addresses Major Privacy Rights in Cell Phone Dispute

On Wednesday, November 29, 2017, the Supreme Court heard arguments in the appeal of Timothy Carpenter, a man convicted and sentenced to 116 years for his role in a series of armed robberies. In proving his guilt, prosecutors...more

Supreme Court Hears Oral Argument Today in Major Case Regarding Cell Phone Location Privacy

In Carpenter v. United States, federal investigators sought cellphone location data for a set of persons suspected in a series of robberies. The Fourth Amendment prevents the government from conducting unreasonable searches...more

Because We Can: Border Patrol Agent’s Presumed Authority To Search Your Electronic Devices

by Ifrah PLLC on

Getting past U.S. Customs used to be an annoyance, an aggravating delay. But unless you were attempting to bring into the country something untoward (say, a delightfully stinky French cheese), you were not overly concerned...more

Can They Really Do That?

by Womble Bond Dickinson on

Best Practices for Managing U.S. Border Searches of Electronic Devices - Effective October 18, 2017, the U.S. Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs...more

Federal Agent’s Misrepresentation in LG Search Warrant Affidavit Insufficient to Clear Qualified Immunity Hurdle

In Ganek v. Leibowitz, No. 16-1463 (2d Cir. Oct. 17, 2017) (Raggi, Chin, Carney), the Second Circuit reversed and remanded a district court’s determination that federal law enforcement authorities were not entitled to...more

AB 450: California’s Law of Unintended Immigration Consequences

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California’s new law, Assembly Bill 450, signed by Governor Brown on October 5, and effective January 1, 2018, imposes several new immigration-related duties on California employers and the potential for...more

Microsoft Claims Victory in Challenge to DOJ’s Practice of Seeking “Gag Orders” under the Stored Communications Act

by Morrison & Foerster LLP on

Last week, the Department of Justice (DOJ) announced a new policy that significantly restricts its practice of seeking non-disclosure orders under the Stored Communication Act (SCA), 18 U.S.C. § 2705(b), in connection with...more

UPDATE: Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

by Farella Braun + Martel LLP on

The fight over whether the government may access the data of companies and individuals that is stored overseas has officially made its way to the U.S. Supreme Court. On October 16, the Supreme Court agreed to review the...more

Government Employee Can Proceed To Trial On Her Challenge To The District Of Columbia’s “Blanket” Drug And Alcohol Tests

by Jackson Lewis P.C. on

The federal court for the District of Columbia ruled that a former employee of the D.C. Office of the Chief Medical Examiner (“OCME”) could proceed to trial with her claims that drug and alcohol tests she was required to take...more

MoFocus: Our Insights into the Risk + Crisis Landscape - Vol.1 Issue. 2

by Morrison & Foerster LLP on

Arrest of a Chinese National on Hacking Charges Illustrates How U.S. Tactics Are Changing to Meet the New Cyber Threat - In August, Yu Pingan, a Chinese national, was arrested on charges that he conspired to acquire and...more

How an Uncommonly Silly Law Led to a Host of Very Consequential Supreme Court Decisions

by Cohen & Gresser LLP on

In 1879, Connecticut passed a law barring the use of “any drug, medicinal article or instrument for the purpose of preventing conception”; the penalty was“not less than fifty dollars” or between 60 days and one year in...more

Microsoft: Supreme Court Decision on Jurisdiction over Foreign-Located Communications Anticipated

by Cozen O'Connor on

On October 16, 2017, the Supreme Court granted certiorari in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). In taking the case for review, the Supreme Court has...more

273 Results
|
View per page
Page: of 11
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.