News & Analysis as of

Search & Seizure Right to Privacy

Woodward v. City of Tucson

Another great win the 9th Circuit on Friday, September 15, 2017, involving the use of deadly force and a right to privacy claim. The case involved the death of an individual who the police confronted in a “vacant”...more

North Carolina Law Requires Nurses to Comply with Police Demand for Blood Draw

by Womble Bond Dickinson on

The drawing of blood by healthcare providers for law enforcement purposes has been big news lately. In June, the North Carolina Supreme Court held in a case of first impression that North Carolina’s implied consent statute...more

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

When Can a School Search a Student’s Bag?

by Reminger Co., LPA on

Last week the Ohio Supreme Court unanimously ruled that a school’s intrusive search of an unattended bag did not violate a student’s 4th Amendment right to be free from illegal search and seizures because the examination of...more

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

by Rumberger Kirk & Caldwell 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

General Court Confirms that the Commission May Rely on Lawfully Seized Recordings Even if Made Unlawfully by a Third Party

by McDermott Will & Emery on

On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the Commission may rely on recordings seized lawfully...more

Business and privacy law

by DLA Piper on

Recently a wealthy and high profile entertainer has gone all the way to the Supreme Court in a successful attempt to prevent publication of an account of their private life. The unnamed claimant was relying on basic human...more

Police Make iPhone Public Enemy No. 1

by Ifrah PLLC on

FBI Director James Comey took a rare break from the posturing typical of investigators and prosecutors in the current showdown between Apple and the FBI. While prosecutors argue that Apple’s privacy concerns are a smokescreen...more

FBI Recruits Apple to Help Unlock Your iPhone

by Ifrah PLLC on

It is a well-known maxim that “bad facts make bad law.” And as anybody even casually browsing social media this week likely has seen, the incredibly tragic facts surrounding the San Bernadino attacks last December have led...more

Ontario Court Finds Cellphone Tower “Metadata” is Private

The Ontario Superior Court of Justice (Court) recently ruled in R. v. Rogers Communications that broad cellphone “tower dump” production orders are unconstitutional as unreasonable seizures under section 8 of the Charter of...more

BB&K Police Bulletin: Police Need Search Warrant to Examine Hotel/Motel Registers

by Best Best & Krieger LLP on

Municipal Code Section Allowing Warrantless Inspection of Hotel Guest Records Constitutes Search - Overview: The Ninth Circuit recently held that a police officer’s non-consensual warrantless inspection of hotel guest...more

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