News & Analysis as of

Fourth Amendment Laptop Computers

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 -
EDRM - Electronic Discovery Reference Model

Revocation of Consent to Search Mirror Image of Laptop

In State v. McDonnell, __ Md. __,  2023 WL 4393297, at *1 (July 7, 2023), the Supreme Court of Maryland held that a person who had consented to seizure of his laptop, as well as to creation of a mirror image, could withdraw...more

Cozen O'Connor

Electronics Ban for U.S.-Bound Flights May Extend to 71 Airports

Cozen O'Connor on

On June 7, 2017 The U.S. Department of Homeland Security chief told a House panel that the federal government is considering an expansion of its ban on large electronics, like laptops, in carry-on bags from the 10 current...more

Proskauer - Law and the Workplace

Immigration Fact or Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of...more

Alston & Bird

A Border Search Doctrine Without Borders? A Court Pushes Back Against Searches of Laptops and Cellphones

Alston & Bird on

Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more

King & Spalding

Warrantless Laptop Search Suppressed In Sixth Circuit

King & Spalding on

On May 20, 2015, the Sixth Circuit ruled that the warrantless search of a laptop exceeded the scope of a preceding private search, and was therefore unconstitutional....more

McDermott Will & Emery

Federal Agents Lacked Authority to Search Airplane Passenger’s Laptop, Court Says

McDermott Will & Emery on

A federal court this month found that federal agents lacked authority to conduct a warrantless search of a defendant’s laptop seized at an airport, rejecting the government’s argument that it has unfettered authority to...more

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