News & Analysis as of

Search & Seizure Warrantless Searches Supreme Court of the United States

Law Matters

On Caniglia v Strom and Community Caretaking: Q&A with Shay Dvoretzky and Emily Kennedy of Skadden

Law Matters on

In a 9-0 opinion by Justice Thomas, the Supreme Court held that the “community caretaking” exception does not extend to the home, narrowing police powers to search homes without a warrant and repudiating the First Circuit’s...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Mitchell v. Wisconsin

On June 27, 2019, the U.S. Supreme Court decided Mitchell v. Wisconsin, No. 18-6210, holding that the exigent-circumstances exception to the Fourth Amendment’s warrant requirement almost always permits a blood test without a...more

McNees Wallace & Nurick LLC

Litigation News - June 2018

Recent Supreme Court Decisions Strengthen Drivers’ Privacy Rights - The Fourth Amendment protects individuals from warrantless searches and seizures in areas where they have a reasonable expectation of privacy. The United...more

Mintz - Privacy & Cybersecurity Viewpoints

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

King & Spalding

Can You Find Me Now? U.S. Supreme Court Considers Cell Phone Location Tracking Data In The Digital Age In Landmark Privacy Case

King & Spalding on

On November 29, 2017, the U.S. Supreme Court heard oral argument in United States v. Carpenter, a case that could fundamentally change the way the government collects, uses, and tracks individuals’ location information...more

Bradley Arant Boult Cummings LLP

Drawing the Line: Supreme Court Addresses Major Privacy Rights in Cell Phone Dispute

On Wednesday, November 29, 2017, the Supreme Court heard arguments in the appeal of Timothy Carpenter, a man convicted and sentenced to 116 years for his role in a series of armed robberies. In proving his guilt, prosecutors...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Supreme Court Hears Oral Argument Today in Major Case Regarding Cell Phone Location Privacy

In Carpenter v. United States, federal investigators sought cellphone location data for a set of persons suspected in a series of robberies. The Fourth Amendment prevents the government from conducting unreasonable searches...more

Morgan Lewis

Upcoming Supreme Court Case: Carpenter v. United States

Morgan Lewis on

On June 5, 2017, the Supreme Court of the United States granted certiorari in Carpenter v. United States, a case in which the court will assess and decide the extent of the Fourth Amendment’s protection against a warrantless...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

Snell & Wilmer

On the Border: Lawmakers Seek to End Warrantless Searches of Electronic Devices by Border Authorities

Snell & Wilmer on

The controversial practice of U.S. Customs and Border Protection (CBP) agents randomly demanding that Americans turn over passwords to their mobile devices so they can be searched at the border and at ports of entry may be...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

Pillsbury Winthrop Shaw Pittman LLP

Riley and the Third-party Doctrine

On June 25, 2014, the U.S. Supreme Court issued one groundbreaking opinion in two cases regarding cellphone searches incident to arrest. In a unanimous opinion, the court held that under the Fourth Amendment, police must...more

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