News & Analysis as of

Search & Seizure Evidence

The Circuit Raises A Glass To A Broad Construction Of Law Enforcement’s Authority Under The Fourth Amendment

Yesterday the Second Circuit issued a decision in United States v. Diaz, No. 15-3776 (Walker, Sack, Chin). In an opinion by Judge Sack, the Court addressed two questions under the Fourth Amendment: when does a police...more

Laptops, Border Checks and The Fourth Amendment

by Ifrah PLLC on

Developments in law are sluggish compared to the rapid rate of technological advancement, and courts must constantly apply old legal principles to technologies which were not contemplated at the time the laws were enacted. ...more

Southern District Opinion Allows Seizure of Emails From Host Provider With Minimal Showing of Probable Cause

A Southern District of New York Magistrate Judge last week approved the government’s ability to conduct searches and seizures of entire email accounts stored by third-party providers like Google, Microsoft, Yahoo! and Apple...more

Maryland v. King: Possibly The Most Important Criminal Procedure Case in Decades

by Snell & Wilmer on

Many Supreme Court observers, including no less than Justice Samuel Alito himself, have described Maryland v. King as perhaps the most important criminal procedure case that the Court has decided in decades. While this may...more

BB&K Police Bulletin: Search Warrants - BB&K Victory Securing Qualified Immunity Controls in Child Molestation Case

by Best Best & Krieger LLP on

Overview: The Ninth Circuit recently refused to suppress evidence of child pornography found on the iPod of an alleged child molester during a search of his home. The court explained that the outcome was controlled by its...more

BB&K Police Chief Bulletin: Discarded Evidence - Handgun Not Product of Illegal Search if Discarded Before Owner Seized

by Best Best & Krieger LLP on

Overview: The Ninth Circuit Court of Appeals recently upheld a conviction for felony firearm possession in a case where the handgun owner discarded the weapon before being seized. The court found that, although an illegal...more

BB&K Police Chief Bulletin: K-9 Searches - Supreme Court Just Says No to K-9 Drug Sniffing on Porch

by Best Best & Krieger LLP on

Overview: In a 5-4 decision,the U.S. Supreme Court this week ruled that a Florida police dog’s sniffing for drugs in front of a man’s home constituted an illegal search. Based on an unverified tip, police physically entered...more

BB&K Police Chief Bulletin: Search of Vehicle “Black Box" - Admissible Evidence Captured by Vehicle’s Sensing Diagnostic Module

by Best Best & Krieger LLP on

Overview: A California appellate court recently upheld the admission of evidence obtained from the sensing diagnostic module (SDM) of a vehicle impounded after a fatal crash. The SDM decides whether to deploy air bags based...more

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Cybersecurity

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