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Fourth Amendment Federal Bureau of Investigation

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 -
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

Kohrman Jackson & Krantz LLP

Don’t [geo]fence Me In: Federal Court Invalidates General Warrant For All Google Users Near A Bank Robbery

On May 20, 2019, at approximately 4:52 p.m., a man walked into the Call Federal Credit Union outside Richmond, Virginia, pointed a firearm at the tellers, and threatened to kill them and their families unless he was given at...more

Holland & Knight LLP

Religious Institutions Update: June 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Key Cases - Covert Surveillance Due to Religious Identity is Actionable - Government surveillance of individuals due to their religious identity is actionable under federal law. In Fazaga v. Federal Bureau of...more

Patterson Belknap Webb & Tyler LLP

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

Morgan Lewis

Upcoming Supreme Court Case: Carpenter v. United States

Morgan Lewis on

On June 5, 2017, the Supreme Court of the United States granted certiorari in Carpenter v. United States, a case in which the court will assess and decide the extent of the Fourth Amendment’s protection against a warrantless...more

King & Spalding

Senate Rejects Amendment That Would Expand The FBI’s Data Collection Powers

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On Wednesday, June 22, the U.S. Senate voted down a proposal that would have expanded the Federal Bureau of Investigation’s (“FBI”) ability to obtain internet records from technology companies. The measure, a proposed...more

BakerHostetler

Government Access to Private Data: Microsoft Opens a New Front in the Battle for Consumer Privacy

BakerHostetler on

Prior to the Information Age, sensitive papers were stored in file cabinets and drawers. When home computers arrived, information was digitized and moved to hard drives or other electronic media, still possessed by the user....more

Locke Lord LLP

Should Apple Always Have a Key to All iPhone Data? To Some iPhone Data?

Locke Lord LLP on

On February 16, 2016, U.S. Magistrate Judge Sheri Pym of the U.S. District Court for the Central District of California issued an Order under the All Writs Act directing Apple Inc. to cooperate with efforts by the Federal...more

Best Best & Krieger LLP

Federal Court Orders Apple to Unlock San Bernardino Gunman’s Phone

Apple must help the FBI unlock an iPhone used by one of the attackers in the San Bernardino, Calif. assault in December, a federal magistrate judge ruled this week. The ruling handed the government an important victory in an...more

Snell & Wilmer

Federal Court Finds Hotel Room Ruse Violated Fourth Amendment

Snell & Wilmer on

In a case testing the boundaries of how far the government can go when creating a ruse to access a suspect’s premises, a U.S. District Court in Nevada concluded that the government’s disruption of internet service to a hotel...more

Morrison & Foerster LLP - Social Media

Status Updates - January 2015

Fake-out stakeout. For several months now, we’ve been covering the increasingly prevalent use of social media by law enforcement agencies conducting criminal investigations. In one such instance, the FBI sent a link to a...more

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