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 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
The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law...more
The headlines scream: “FBI made 3.4M warrantless U.S. data searches,” claiming that the FBI carried out nearly 3.4 million warrantless searches of Americans’ electronic data that was collected as part of the government’s...more
In a recent case decided by the Appellate Division in New Jersey, Facebook, Inc. v. State of New Jersey, the court considered whether communication data wire warrants (“CDWs”) or wiretap orders had to be served on Facebook...more
The smart house is upon us. One may be surrounding you now, with internet-enabled security systems, doorbells, air conditioner, refrigerator, mattress, windows, music speakers, and children’s toys. ...more
Several federal agencies rely on search warrants to gather evidence in support of their law enforcement efforts. If you have received a search warrant from the Federal Bureau of Investigation (FBI), Drug Enforcement...more
Vermont Supreme Court offers guidance on admissibility of social media content - By now it is not particularly controversial that a litigant’s social media content is discoverable. See, e.g., Lewis v. Bellows Falls...more
The Clarifying Lawful Overseas Use of Data Act (the CLOUD Act), a United States federal law, will be celebrating its two-year anniversary on March 23, 2020. It was effectively, and primarily, an amendment to the Stored...more
Companies storing or moving large quantities of digital information routinely receive subpoenas, court orders and warrants from United States law enforcement seeking subscriber information and related data and records....more
Once again, eDiscovery and emerging data sources are at the center of a criminal murder investigation. A recent article in Wired highlights how investigators used data from the victim’s Fitbit and a neighbor’s Ring digital...more
The Ninth Circuit recently heard an appeal that challenges a common tool of law enforcement: “f” letters. Under section 2703(f) of the Stored Communications Act, law enforcement may compel providers of “electronic...more
In its first official statement about the CLOUD Act – the Clarifying Lawful Overseas Use of Data Act – the U.S. Department of Justice has published a white paper, “Promoting Public Safety, Privacy and the Rule of Law Around...more
Utah recently became the first state to enact a law specifically designed to protect private electronic information stored with third parties from collection by law enforcement without a valid warrant. Utah Governor Gary...more
Earlier this month, the Department of Justice released a White Paper and FAQ on the Clarifying Lawful Overseas Use of Data (CLOUD) Act. Enacted in March 2018, the CLOUD Act attempts to resolve the legal conflicts that arise...more
On March 27, 2019, Utah Governor Gary Herbert signed HB 57, a bill designed to increase privacy protections by requiring law enforcement to obtain a search warrant before being able to access a person’s data held by...more
Companies from California to New York are already scrambling to comply with a growing patchwork of privacy laws covering both businesses and consumers....more
Utah Governor Gary Herbert is expected to sign a new privacy law in the coming weeks that will make his state the first to protect private electronic data stored with third-party providers from government access without a...more
I have been waiting for a while to write about this issue, since it arose in an Enforcement case I handled for a client, and I wanted the matter to run its full course at FINRA before I started throwing stones. Sadly, there...more
With 2019 just upon us, it is a great time to look back on last year’s most influential eDiscovery cases. Part three of this four-part series discusses impactful decisions concerning search and retrieval....more
In January, I wrote a blog about the landmark case of United States v. Microsoft Corp. pending before the United States Supreme Court. You can read that blog here. The issue before the Court was whether a United States-based...more
Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data). Without any public hearings,...more
On March 23, 2018, President Trump signed into law the Consolidated Appropriations Act, 2018, which contained a section entitled the Clarifying Lawful Overseas Use of Data (CLOUD) Act. The CLOUD Act significantly revises the...more
The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) amends the Stored Communications Act (SCA) and moots the Supreme Court's consideration of a dispute between the U.S. government and Microsoft over whether Microsoft...more
It would be unusual these days to find a hotel, coffee shop, cruise line or airline that doesn’t offer some form of internet access to its customers. It’s unlikely, however, that those businesses have had occasion to give...more
On April 17, 2018, at the request of both sides of United States v. Microsoft Corp., the U.S. Supreme Court remanded and dismissed one of the most closely watched privacy cases of the last several years just a few weeks after...more