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Fourth Amendment Supreme Court of the United States Right to Privacy

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 -
Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Byrd v. United States

On May 14, 2018, the Supreme Court of the United States decided Byrd v. United States, No. 16-1371, holding that under the Fourth Amendment, the driver of a rental car may challenge the search of that car by law enforcement...more

Cohen & Gresser LLP

How an Uncommonly Silly Law Led to a Host of Very Consequential Supreme Court Decisions

Cohen & Gresser LLP on

In 1879, Connecticut passed a law barring the use of “any drug, medicinal article or instrument for the purpose of preventing conception”; the penalty was“not less than fifty dollars” or between 60 days and one year in...more

Robinson+Cole Data Privacy + Security Insider

U.S. Supreme Court Will Hear Mobile Phone Privacy Case

The United States Supreme Court has just agreed to hear the case of a Detroit man who was sentenced to 116 years in prison after data from his own cellular phone was used against him at his trial for his role in a string of...more

Rumberger | Kirk

United States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes

Rumberger | Kirk on

The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when...more

Robinson+Cole Data Privacy + Security Insider

Supreme Court denies cert in case involving cell location privacy rights

On July 31, 2015, Quartavious Davis petitioned for certiorari in Davis v. United States, No. 15-146 asking (1) whether the acquisition of a cell phone user’s location data from his cellular service provider constitutes a...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides City of Los Angeles v. Patel

On June 22, 2015, the U.S. Supreme Court decided City of Los Angeles v. Patel, No. 13-1175, holding that facial challenges can be brought under the Fourth Amendment and that a municipal ordinance requiring hotel operators to...more

Carlton Fields

Eleventh Circuit Court of Appeals: Warrantless Cell Site Data Constitutional

Carlton Fields on

The U.S. Court of Appeals for the Eleventh Circuit, sitting as a full panel, has ruled that law enforcement may acquire historical cell site data information (i.e., past location information) from wireless telecommunications...more

McGuireWoods LLP

E-Discovery Update: When Personal and Work Data Collide

McGuireWoods LLP on

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

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