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Fourth Amendment Privacy Concerns Data Collection

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 -
Venable LLP

Online Applications Are Tracking Your Location, and the Government Wants That Information. Is That Lawful?

Venable LLP on

When you use your cellphone to search for businesses near you, you may opt into data collection about your location with an accuracy of within a few hundred feet. Often, unless you affirmatively opt out later, that data...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

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

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