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EDRM - Electronic Discovery Reference Model

En Banc Fourth Circuit Geofence Decision is Splintered

EDRM - Electronic Discovery Reference Model on

In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more

WilmerHale

The Impact and Future of the Fifth Circuit’s New Hard-Line Stance on Geofence Warrants

WilmerHale on

On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more

Farella Braun + Martel LLP

Unreviewed Preservation Requests Likely to Continue

Farella Braun + Martel LLP on

The Ninth Circuit recently heard an appeal that challenges a common tool of law enforcement: “f” letters. Under section 2703(f) of the Stored Communications Act, law enforcement may compel providers of “electronic...more

Tucker Arensberg, P.C.

U.S. Supreme Court Proposes Change to Rules Applicable to Searches of Electronic Data

Tucker Arensberg, P.C. on

The United States Supreme Court — which establishes rules of civil and criminal procedure, subject to the objection of Congress — has proposed a significant amendment to the rules applicable to searches of electronic data...more

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