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Fourth Amendment Mobile Devices Electronic 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 -
Womble Bond Dickinson

Crossing Borders with Electronics: Know Your Rights and Risks

Womble Bond Dickinson on

With increasing digitalization of our lives and businesses, privacy concerns from border searches of phones, laptops and tables are a growing concern for professionals, executives, and frequent international travelers. U.S....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

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

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

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

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

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