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Fourth Amendment Data Collection Location Data

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 -
Venable LLP

Online Applications Are Tracking Your Location, and the Government Wants That Information. Is That Lawful?

Venable LLP on

When you use your cellphone to search for businesses near you, you may opt into data collection about your location with an accuracy of within a few hundred feet. Often, unless you affirmatively opt out later, that data...more

WilmerHale

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

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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

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: E-Scooters and Usury

This week, the Ninth Circuit examines whether a city’s collection of location data from electronic scooters violates the Fourth Amendment, and whether a consumer lender can circumvent state usury laws by making loans through...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - December 2017

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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

Robinson+Cole Data Privacy + Security Insider

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

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