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Fourth Amendment Privacy Concerns

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 -
Fox Rothschild LLP

Drone Operators Beware….Michigan Appellate Court Opines On Privacy

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In a new decision, the Michigan Court of Appeals has held that when it comes to privacy and aerial surveillance, a landowner has a greatly enhanced expectation of privacy when unmanned aircraft are involved. The decision,...more

Womble Bond Dickinson

U.S. Customs Opens Mass Searches of Data on Confiscated Traveler Smartphones, Computers

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I am an advocate of providing law enforcement officers the newest technology to do their jobs well. If there is a recording of an event, the police should be able to use it. If a stingray can capture cell phone...more

Womble Bond Dickinson

The Constitution Protects Faces in the Crowd

Womble Bond Dickinson on

Unlimited law enforcement application of facial recognition software to surveillance footage is an unreasonable search and a violation of Constitutional rights for people in a peaceful crowd. An officer should need to...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

Rumberger | Kirk

Drug Testing Florida School District Job Applicants Is Tricky Business. Finally, Some Judicial Guidance

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Is mandatory drug testing for all school district job applicants constitutional? A recent case from the Eleventh Circuit suggests not. See Friedenberg v. Sch. Bd. of Palm Beach Cty., 9:17-cv-80221-RLR (11th Cir. 2018). ...more

Fisher Phillips

“What’s That Buzzing Overhead?” Don’t Get Stung By An OSHA Safety Inspection Drone

Fisher Phillips on

When the Occupational Safety and Health Administration (OSHA) issued a memorandum in 2018 announcing that agency inspectors are now authorized to use camera-carrying Unmanned Aircraft Systems—or drones—to collect evidence...more

Foley & Lardner LLP

Privacy - Wherefore Art Thou? - The Third Circuit Denies 4th Amendment Right

Foley & Lardner LLP on

The Third Circuit Denies 4th Amendment Right - Let’s face it – over the last 20 years or so, we have come to embrace, celebrate, and depend completely on electronic communications. What is more, we keep reaching out to...more

Foley & Lardner LLP

The CLOUD Act's Dramatic Impact on International Privacy Laws

Foley & Lardner LLP on

Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data). Without any public hearings,...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

Harris Beach PLLC

New York State Police Introduce Use of Drones

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Governor Andrew M. Cuomo just announced the launch of the New York State Police Unmanned Aerial System program, which will be used to support law enforcement missions, including disaster response and traffic safety. The...more

Proskauer - Minding Your Business

Privacy vs. Security: Will SCOTUS Leave the (Third) Party in 2018?

If the government obtains information about your past locations from your wireless provider, is that a search? If so, is it a search that requires the government to obtain a warrant? Courts have held that, because companies...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

Best Best & Krieger LLP

Expanding Horizons: Drone Regulations from a Prosecutorial Perspective

BB&K attorney Jordan Ferguson writes about the criminal side of drones for the California District Attorneys Association’s Prosecutor’s Brief. Over the next few years, the skies are likely to get much more crowded....more

Seyfarth Shaw LLP

Recent Seventh Circuit Data Breach Ruling Could be Big Win for Plaintiffs and Big Headache for Retailers

Seyfarth Shaw LLP on

For lawyers who frequently litigate class action lawsuits, whether or not the named plaintiffs have standing to bring a claim is one of the first issues that is analyzed and considered. Plaintiffs’ lawyers often look for...more

Best Best & Krieger LLP

Law Enforcement in the 21st Century: How The Courts Are Responding

As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more

Best Best & Krieger LLP

Drone on Drones: Justice Department Drone Policy Emphasizes Privacy and Transparency

Federal agencies deploying surveillance drones in domestic airspace will be required to conduct annual privacy reviews, the Department of Justice announced last week. The new policy aims to require DOJ employees to assess the...more

Bilzin Sumberg

Think your Cellphone Usage is Private? Think Again

Bilzin Sumberg on

In a closely-watched case out of Miami, the Eleventh Circuit Court of Appeals redefined the zone of privacy for cell phone users. As the Tech World was focused on Miami for the second annual eMerge conference, the court...more

Robinson & Cole LLP

Warrantless Searches of Text Messages: Big Brother in 160 Character Installments

Robinson & Cole LLP on

The modern Fourth Amendment jurisprudence surrounding warrantless searches of text messaging is varied and evolving, including issues currently facing Rhode Island and the rest of the nation. My paper focused primarily upon...more

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