News & Analysis as of

Search & Seizure

Fourth Circuit Rules that Warrantless Cell Phone is Warranted: Data Privacy Trends

by CloudNine on

Don’t let my cute title confuse you. In this case, the Fourth Circuit issued an interesting decision regarding whether a warrant is required to search an individual’s cell phone....more

The Supreme Court - May 14, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued five decisions today: Murphy v. National Collegiate Athletic Assn., No. 16-476: In the 1990s, Congress enacted the Professional and Amateur Sports Protection Act (“PASPA”), 28...more

Second Circuit Reverses Conviction Due to Unlawful Curtilage Search

On May 1, 2018, the Second Circuit (Lynch, Carney, Hellerstein D.J. (concurring)) reversed the district court’s denial of Defendant Robert Alexander’s motion to suppress guns found after a search of a bag in front of a shed...more

U.S. Customs and Border Protection Updates Directive on Searches of Electronic Devices

by 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

Immigration newsletter - Spring 2018

by Hogan Lovells on

Read our Spring 2018 issue of the Immigration newsletter to learn about the following topics: - Visa sanctions on Cambodia, Eritrea, Guinea, and Sierra Leone - CBP introduces policies and procedures for searching...more

Border Searches of Travelers’ Electronic Devices Remain an Evolving Area of U.S. Law

by Foley Hoag LLP on

Last year, we provided an update on the Trump administration’s controversial ramp up of border searches and inspections of electronic devices of travelers applying for admission to the U.S. A variety of travelers have since...more

New Policy for Device Searches at Borders Issued by CBP

In early January 2018, U.S. Customs and Border Protection (CBP) announced an updated policy for searching electronic devices at U.S. borders. The new directive supersedes a previous directive that was released in August 2009....more

The CLOUD Act – Congress Passes New Bill Which Will Impact Access To Cross-Border Data

by Moore & Van Allen PLLC on

On Friday, March 23, 2018, Congress passed a 2,232 page omnibus spending bill. Included in the bill was a bipartisan act known as the “Clarifying Lawful Overseas Use of Data Act” or CLOUD Act, which will allow United States...more

If You Don’t Need It, Don’t Pack It: Border Searches of Mobile Devices

by Dickinson Wright on

Currently there are a number of pending cases concerning the issue of whether Border searches can include a search of someone’s cellphone. On March 15, 2018, a divided 11th Circuit Court, upheld the conviction of a Florida...more

Singapore Joint Investigations Arrangement to Cover More Financial, Regulatory Offences

by Morgan Lewis on

In a development that significantly broadens the scope of the Monetary Authority of Singapore and Commercial Affairs Department’s investigatory authority, the Joint Investigations Arrangement has been extended to cover...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

Red Notice Newsletter - January 2018

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd....more

Border Searches: Risks to Electronic Devices and Your Data

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

Illinois Police Officer Drug and Alcohol Tests Raise Constitutional Questions

by Holland & Knight LLP on

• Illinois expanded the Police and Community Relations Improvement Act (PCRIA) to add special procedures for officers involved in incidents where their firearm is discharged causing injury or death to an individual. • New...more

ABA Gets Lawyers Heightened Protections For Device Searches At International Borders

by Jackson Lewis P.C. on

U.S. Customs searches have become increasingly invasive over the years. Pursuant to Department of Homeland Security (DHS) policy, U.S. Customs and Border Protection (CBP) operates under the “broad search exception”, which...more

Carpenter v. United States Privacy Case Pushes Supreme Court to Decide Fourth Amendment Protections of Cell Phone Metadata

The U.S. Supreme Court heard oral arguments in what may become one of the defining consumer privacy cases of our generation. The central question in Carpenter v. United States asks whether the government violates the Fourth...more

International Travelers: You Have No Rights

Not many Americans realize, or think about the fact, that when they enter or exit the United States they essentially do not have any right to privacy. What this means, as a practical matter, is that Customs and Border...more

2017-18 Supreme Court Update

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

Retrieval of Mobile Phone Data During Dawn Raids Upheld by Dutch Court

by Jones Day on

The Ruling: The far-reaching retrieval of mobile phone data during dawn raids by the Dutch competition authority is permissible, even if encompassing data of a non-business nature, as affirmed by a recent ruling of the Hague...more

Administration Clarifies and Limits Searches of Electronic Devices at Border

On January 4, 2018, U.S. Customs and Border Protection (CBP) issued Directive 3340-049A, governing border searches of electronic devices. CBP’s new directive updates and provides several improvements over the agency’s initial...more

Border Searches of Electronic Devices

Earlier this month, MSK attorneys David Rugendorf and Frida Glucoft published an Alert summarizing the latest directive issued by Customs and Border Protection (CBP) regarding the search of electronic devices. A copy of their...more

Understanding eDiscovery in Criminal Cases, Part Two: eDiscovery Best Practices

by CloudNine on

...Because more than 90 percent of documents today are generated in electronic format, ESI is becoming more and more prominent in criminal matters, especially white collar criminal cases. But many attorneys who take on a...more

Hold That Call International Travelers: CBP Doubles Down on Airport Searches of Electronic Devices

Many international travelers express surprise when, after arriving at LAX, JFK or other US airports or land borders, the US Customs and Border Protection (CBP) officer directs them to hand over their smartphone, laptop or...more

December 2017: English Fraud Litigation: Weapons of Mass Destruction

Imagine if you could have your opponent’s premises searched, his Gmail, Hotmail, and Yahoo accounts secretly monitored, his assets frozen, his passport seized, and even have him arrested and imprisoned – all before trial....more

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Cybersecurity

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