Bar Exam Toolbox Podcast Episode 222: Listen and Learn -- Criminal Procedure: Stop and Frisk
Bar Exam Toolbox Podcast Episode 220: Listen and Learn -- Exceptions to the Warrant Requirement
Bar Exam Toolbox Podcast Episode 173: Listen and Learn -- Criminal Procedure: Warrant Requirements
Bar Exam Toolbox Podcast Episode 141: Listen and Learn -- The Fourth Amendment
Search Warrant Protocol: Stop a Bad Day from Getting Worse [More with McGlinchey Ep. 6]
Bar Exam Toolbox Podcast Episode 70: Tackling a California Bar Exam Essay: Criminal Law and Procedure
Episode 34 -- The Cohen Criminal Investigation and the Search Warrants
Government Investigations - How to Respond to a Search Warrant: 10 Practical Steps
On August 29, 2022, the Maryland Court of Appeals issued its opinion in Richardson v. Maryland, expanding the protection of the Fourth Amendment for subjects of criminal investigations whose cell phones are subject to a...more
The most intimate information can be found in the data on our cellphones and laptops, from geo-location data to search history. The level of privacy protections afforded to electronic data and communications have been unclear...more
Can a fingerprint alone provide “testimony” about a person? Earlier this month, a federal court in California said yes. But the court was not engaging in a highly-localized form of palm-reading; rather, the question arose in...more
A federal magistrate judge in California has ruled that law enforcement personnel may not require suspects to unlock their phones with biometric identifiers like a fingerprint, iris scan or facial recognition, saying the...more
The Pennsylvania Supreme Court recently issued a sweeping ruling “that accessing any information from a cell phone without a warrant” violates the Fourth Amendment to the United States Constitution. ...more
Arizona recently recognized a “legitimate expectation of privacy” in cell phones. The case was State v. Peoples, and the opinion was issued on September 12, 2016. The Peoples case was about the police’s search of a cell...more
Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more
The Fourth Circuit held that the Government is not required to obtain a warrnt for cell tower data in United States v. Graham, 4th Cir., No. 12-4659, en banc (5/31/16). The Court found that cell tower data was voluntarily...more
Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more
Last Thursday, Governor Jerry Brown signed the California Electronic Communications Privacy Act (CalECPA) into law, which requires law enforcement to obtain a warrant before accessing or searching individuals’ digital...more
We previously reported that government access to cellphone geographic information or CSLI without a warrant has become a vigorous debate between the government, defense attorneys, and the federal bench. In a lengthy opinion,...more
A number of courts have considered whether the Fourth Amendment requires the government to obtain a warrant to access historical and/or real time cell phone geographic location information, known as CSLI. CSLI is cell site...more
We have been watching the warrantless search cases closely. Yesterday, (August 5, 2015), the Fourth Circuit Court of Appeals held that it was unconstitutional when law enforcement used their cell phone location information...more
As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more
In a closely-watched case out of Miami, the Eleventh Circuit Court of Appeals redefined the zone of privacy for cell phone users. As the Tech World was focused on Miami for the second annual eMerge conference, the court...more
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
A New York federal magistrate court has ordered an unnamed cellphone manufacturer to attempt to unlock a password-protected cellphone so that a search warrant may be executed. In early October, the court authorized law...more
At the April 2014 ABA Section of Litigation Annual Conference, the Appellate Practice Committee presented a novel program on oral advocacy. The program presented a mock argument based on a real U.S. Supreme Court case from...more
Courts hold that officers may rely on law in effect at the time they conduct a search - Overview: The California Court of Appeal recently held, in two separate rulings, that the recent holdings requiring law...more
Two recent opinions have significantly restricted the practice of warrantless collection of data stored on cell phones or by cell phone service providers. In Riley v. California the U.S. Supreme Court confirmed that a warrant...more
The United States Supreme Court has ruled that police officers must generally secure a warrant before searching through the contents of a cell phone of a person they arrest. This decision will have important implications for...more
In a recent decision with significant implications for smart phone users’ privacy expectations, the Supreme Court, in Riley v. California, unanimously rejected the application of the “incident to arrest doctrine” to law...more
As the end of the Supreme Court term approached, decisions came down fast and furious. Last week’s big decisions, at least around our nerdish water cooler, were Halliburton and Fifth Third Bancorp v. Dudenhoeffer. (Yes, we...more
The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more
The Supreme Court of the United States released a unanimous decision last week barring law enforcement from searching the mobile phones of individuals placed under arrest without first obtaining a search warrant or the...more