News & Analysis as of

Search Warrant Data Collection

WilmerHale

The Impact and Future of the Fifth Circuit’s New Hard-Line Stance on Geofence Warrants

WilmerHale on

On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more

Eversheds Sutherland (US) LLP

US Cybersecurity and Data Privacy review and update: Looking back on our 2021 articles and planning ahead for 2022

The past year’s trends in privacy and cybersecurity are set to intensify in 2022, with heightened threats, increased regulations, and elevated expectations - as well as new opportunities. To navigate the year ahead, we lay...more

Rumberger | Kirk

Florida Court Extends Privacy Rights to Vehicle Black Box

Rumberger | Kirk on

In a case of first impression, the Florida Fourth District Court of Appeal held that police need a warrant to search a vehicle’s black box or event data recorder (EDR)....more

Morrison & Foerster LLP - Social Media

Court Orders Google to Turn Over Foreign-Stored Data

The U.S. Department of Justice (DOJ) recently secured a notable victory against Google in a dispute over the enforceability of a U.S. search warrant seeking access to foreign-stored account data....more

Morgan Lewis

Decision Holds That Search Warrant Cannot Compel Data Stored Overseas

Morgan Lewis on

The landmark ruling is the first by a federal court of appeals to address the extraterritoriality of the Stored Communications Act. Microsoft and other US-based internet service providers won a major victory on July 14...more

Robinson+Cole Data Privacy + Security Insider

Fourth Circuit joins other circuits holding no warrant is required for cell tower data

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

Robinson+Cole Data Privacy + Security Insider

Warrantless access to cell phone location data may be heard by the Supreme Court

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

BakerHostetler

Does the Government Have Carte Blanche to Retain Seized Data Indefinitely? In Amicus Brief to the Second Circuit, Policy Groups...

BakerHostetler on

On July 29, 2015, BakerHostetler filed an amicus brief with the Second Circuit on behalf of the Center for Democracy and Technology, joined by five prominent nonprofit public interest groups, for the en banc rehearing of...more

Robinson & Cole LLP

Oral Argument Scheduled in Microsoft Foreign Data Demand Appeal

Robinson & Cole LLP on

The U.S. Second Circuit Court of Appeals scheduled oral argument for September 9, 2015 on Microsoft’s appeal of a district court opinion upholding the validity of the U.S. government’s search warrant for customer data stored...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

Nossaman LLP

California Tries (Once Again) to Protect Digital Information

Nossaman LLP on

This month, bipartisan legislation was introduced in the California Senate that would require law enforcement to get a search warrant before accessing a person’s digital information. The proposed California Electronic...more

Mintz - Privacy & Cybersecurity Viewpoints

California May Limit Law Enforcement’s Warrantless Data Collection

Eager to retain its spot among the principal laboratories for domestic privacy legislation, California’s legislature is set to debate Senate Bill 178, legislation restricting state law enforcement agencies from requesting...more

Best Best & Krieger LLP

BB&K Police Bulletin: Officers Must Obtain Warrant to Access Data on Arrestee's Mobile Phone Device

Overview: Today, the U.S. Supreme Court held that police officers may not search digital information on a mobile phone device seized from a person who has been arrested without a warrant. In Riley v. California and U.S. v....more

Dechert LLP

U.S. v. Ganias: Second Circuit Limits Government’s Ability to Use Electronic Material Seized Beyond Scope of Warrant for Different...

Dechert LLP on

In a recent decision that provides important guidance in the developing law related to government seizure of electronic records in criminal investigations, on June 17, 2014, the United States Court of Appeals for the Second...more

Mintz - Privacy & Cybersecurity Viewpoints

Privacy Monday: October 7, 2013

Despite the government shutdown, the Supreme Court is in for the 2013-2014 session. There are a couple of privacy cases on the agenda. U.S. v. Wurie and Riley v. California - At issue: Separate appeals over...more

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