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Fourth Amendment Mobile Devices

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

Geofence Search Warrant Held Valid

County police officers were investigating a theft of farm equipment. They applied for a “geofence warrant” to be served on Google: “A geofence warrant authorizes the seizure of location data collected from smartphones of...more

Goodwin

Unlocking AI’s Power to Multiply Manufacturing Productivity

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To capture AI’s promise, manufacturers must take steps to protect privacy and root out bias, particularly when they train their systems on data about employees. ...more

Eversheds Sutherland (US) LLP

The First Circuit Court of Appeals confirms government’s expansive authority to search electronic devices

In a closely watched decision, the US Court of Appeals for the First Circuit confirmed the government’s expansive authority to search cell phones, laptops, and other electronic devices at the border. On February 9, 2021, the...more

Tucker Arensberg, P.C.

Court Dismisses Student’s Claim That Confiscation of His Cell Phone While District Investigated Student’s Suspected Misconduct Was...

Tucker Arensberg, P.C. on

Rorvik v. Snohomish School District, et al., 2018 WL 3917932.  The U.S. District Court for the Western District of Washington rejects student’s Section 1983 claims that District officials’ confiscation of his cell phone,...more

Foley Hoag LLP - Security, Privacy and the...

Can Law Enforcement Force You To Use Your Finger to Unlock Your Phone?

Can a fingerprint alone provide “testimony” about a person? Earlier this month, a federal court in California said yes. But the court was not engaging in a highly-localized form of palm-reading; rather, the question arose in...more

Womble Bond Dickinson

THIS IS A TEST: Could the Presidential Text Message Alert System be in Violation of Privacy Rights Afforded by the First and...

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Last Wednesday, most of us received a jarring alert on our cellphones at approximately 2:18 p.m. (EST) It read, “THIS IS A TEST of the National Wireless System. No action is required.” This was a test of the Wireless...more

Dorsey & Whitney LLP

The Supreme Court - June 22, 2018

Dorsey & Whitney LLP on

The Supreme Court of the United States issued six decisions today: WesternGeco LLC v. ION Geophysical Corp., No. 16-1011: Petitioner WesternGeco LLC owns patents relating to a system for surveying the ocean floor. ...more

Benesch

U.S. Customs and Border Protection Updates Directive on Searches of Electronic Devices

Benesch on

U.S. Customs and Border Protection (“CBP”) recently updated its 2009 directive pertaining to border searches of electronic devices. The Supreme Court of the United States has deemed warrantless searches by CBP legal and...more

Dickinson Wright

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

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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

Ballard Spahr LLP

Pennsylvania Supreme Court: If You Want to Search a Cell Phone, Get a Warrant!

Ballard Spahr LLP on

The Pennsylvania Supreme Court recently issued a sweeping ruling “that accessing any information from a cell phone without a warrant” violates the Fourth Amendment to the United States Constitution. ...more

K2 Integrity

Border Searches: Risks to Electronic Devices and Your Data

K2 Integrity on

U.S. citizens who travel internationally, especially corporate executives and high-net-worth individuals, must consider and navigate data security risks when crossing a border—whether into the United States or another...more

Miles & Stockbridge P.C.

Supreme Court to Review Digital Privacy (Part 1)

In 1986, Congress passed an obscure statute called the Stored Communications Act that has become much more relevant 30 years later. The U.S. Supreme Court will have two opportunities to help define the scope of digital...more

Patterson Belknap Webb & Tyler LLP

Court Upholds Murder-for-Hire Conviction, Rejects Fourth Amendment Challenges

The murder-for-hire statute makes it a crime to agree to commit murder in exchange for “anything of pecuniary value.” 18 U.S.C. § 1958. The Second Circuit has understood this language to require that, at the time of the...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #80 – Continued Controversy Over Mobile Device Searches by CBP

Many people were shocked and outraged over the story I relayed about a U.S. citizen, in fact, a NASA scientist, who, after returning from racing solar cars abroad was required by Custom and Border Patrol (CBP) agents to hand...more

Dickinson Wright

Crossing the Border with Electronics - Helpful Tips and Pitfalls to Avoid

Dickinson Wright on

International travelers have been reporting that cell phones, computers, and other communication devices are being seized by Officers of the U.S. Customs and Border Protection (“USCBP”) branch of the U.S. Department of...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #74 – What to Do About Customs and Border Patrol

There has been lots of talk about the ripple effects of the Trump travel ban. But here’s a new twist I hadn’t heard before—U.S. Customs and Border Control (CBP) agents are detaining U.S. citizens and requiring them to unlock...more

McGuireWoods LLP

E-Discovery Update: When Personal and Work Data Collide

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In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

Carlton Fields

U.S. Supreme Court: Warrant Generally Required to Search Information on a Cell Phone, Even Incident to Arrest

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The United States Supreme Court has ruled that police officers must generally secure a warrant before searching through the contents of a cell phone of a person they arrest. This decision will have important implications for...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Riley v. California and United States v. Wurie

On June 25, 2014, the Supreme Court of the United States decided Riley v. California, No. 13-132, and United States v. Wurie, No. 13-212, holding that police must generally obtain a warrant before searching a cell phone...more

Best Best & Krieger LLP

BB&K Police Bulletin: Officers Must Obtain Warrant to Access Data on Arrestee's Mobile Phone Device

Overview: Today, the U.S. Supreme Court held that police officers may not search digital information on a mobile phone device seized from a person who has been arrested without a warrant. In Riley v. California and U.S. v....more

Foley Hoag LLP - Trademark, Copyright &...

Supreme Court Fires Shot Across The Bow Of NSA Metadata Collection

Recent revelations concerning the activities of the National Security Agency (“NSA”) include reports that the NSA and other government agencies have – in secret – routinely collected in bulk the “metadata” associated with...more

Hinshaw & Culbertson LLP

Evolving Expectations of Privacy: Klayman v. Obama

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In a 68-page opinion, Federal District Judge Richard J. Leon of the District of Columbia ruled yesterday in Klayman v. Obama that the NSA's systematic collection of telephone metadata of millions of citizens violates the...more

Best Best & Krieger LLP

BB&K Police Bulletin: GPS “Ping” - No Fourth Amendment Violation When GPS on Stolen Cell Phone Locates Thief

Overview: A California Appellate Court recently found no Fourth Amendment violation where police used the Global Positioning System (GPS) on a stolen cell phone to locate and detain the thief. The court reasoned that the...more

Miller Canfield

Be Careful When Searching Student Cell Phones, Sixth Circuit Warns

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With text messages, Tweets, Facebook posts and other digital communications so prevalent in student’s lives, schools have been struggling to deal with the influx of mobile devices on campus. Last week, the Sixth U.S. Circuit...more

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