News & Analysis as of

Search Warrant

WilmerHale

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

UK Court Confirms No Higher Bar Applies for Domestic Search Warrants

Dawn raids, or unannounced inspections, are possible at both business locations and homes. In response to the increase in remote work and electronic communication in recent years, competition authorities are making more use...more

White & Case LLP

CMA v CAT: High Court supports home search warrants in cartel cases

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On 22 April 2024, the UK High Court handed down its judgment that the Competition Appeal Tribunal had erred in law when it previously refused to grant the Competition & Markets Authority a warrant to search a domestic...more

Jones Day

Unwelcome Visitors? UK Court Greenlights Domestic Search Warrants in Competition Cases

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The UK Competition and Markets Authority ("CMA") has successfully appealed a decision of the UK Competition Appeals Tribunal (the "Tribunal") rejecting its application for a warrant to search domestic premises—paving the way...more

Mayer Brown

English High Court Sets Aside Fundamental Rights to Support CMA Raids of Private Residential Premises | Consequences for...

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The English High Court has issued a landmark judgment confirming the ability of the UK Competition and Markets Authority ("CMA") to conduct raids of private residential premises when investigating suspected cartels....more

Davies Ward Phillips & Vineberg LLP

The Power and Peril of IP Addresses: The Supreme Court of Canada Weighs in on the Changing Landscape of Online Privacy

The Supreme Court of Canada recently delivered a landmark decision on the privacy rights of Internet users. In R v Bykovets, police investigating an alleged online fraud requested and obtained a suspect’s Internet Protocol...more

Dickinson Wright

6 Key Steps to Respond to a Health Care Investigation (and Related Issues)

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Originally published in Healthcare Michigan, Volume 41,  No. 2 - The United States Department of Justice (“DOJ”) and state law enforcement agencies have robust teams investigating and prosecuting health care fraud. Law...more

Robinson+Cole Data Privacy + Security Insider

Controversial ‘Keyword Search’ Warrant Leads to Arrests in Murder Case

Last week, the Colorado Supreme Court upheld a criminal conviction which relied in part on evidence obtained pursuant to a warrant for Google search data. People v. Seymour, 2023 CO 53 (Oct. 16, 2023) (available at...more

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Fall 2023

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BACKGROUND- A sugar distributor sought to acquire a sugar producer. The district court determined that the relevant product market included distributors as sources of refined sugar, in addition to sugar producers. The...more

Foley & Lardner LLP

What Every Multinational Organization Should Know About . . . Unexpected Government Contacts

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Whether arriving as a “dawn raid,” an agent’s knock at the door, or service of a civil subpoena, government contacts often come out of the blue and always involve high stakes. A swift and careful response is critical to...more

Wiley Rein LLP

Fourth Circuit: Search Warrant Does Not Constitute a “Claim”

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The United States Court of Appeals for the Fourth Circuit, applying Maryland law, has affirmed a ruling that no coverage was available for costs incurred in connection with a government investigation, finding that the...more

Saiber LLC

Wiretap Order, not a Search Warrant, Needed to Obtain Certain Information from Facebook

Saiber LLC on

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

Law School Toolbox

Bar Exam Toolbox Podcast Episode 222: Listen and Learn -- Criminal Procedure: Stop and Frisk

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Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're focusing on Criminal Procedure. Specifically, we're talking about the "stop and frisk" exception to the warrant requirement....more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 220: Listen and Learn -- Exceptions to the Warrant Requirement

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Criminal Procedure -- specifically, exceptions to the warrant requirement. In this episode, we discuss: >The...more

Wiley Rein LLP

Federal Agents Raid China-owned Solar Manufacturer in Florida and California

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On May 8, 2023, federal agents from the Federal Bureau of Investigation (FBI) assisted the Department of Homeland Security (DHS) in executing a search warrant at JinkoSolar’s solar panel manufacturing plant in Jacksonville,...more

Patterson Belknap Webb & Tyler LLP

How Close Are Your Neighbors? Shared Space May Create Privacy Interest, 2d Cir. Holds

In United States v. Lewis, the Second Circuit (Lohier, Carney, and Nathan) affirmed a gun-related conviction, but rejected the district court’s assertion that a bright-line rule bars the application of the Fourth Amendment to...more

Zuckerman Spaeder LLP

How many times can the same police department arrest you on a warrant that bears your name but is plainly not intended for you?

Zuckerman Spaeder LLP on

What’s in a name? If it’s in a warrant and you’re in the Eleventh Circuit, enough to arrest and jail you for three days even if you don’t match the description of the wanted person, the warrant was issued 26 years earlier...more

Oberheiden P.C.

ICE Investigations: What Employers Need to Know in 2024

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U.S. Immigration and Customs Enforcement (ICE) together with the Department of Homeland Security (DHS) aggressively execute its mission “to protect America from the cross-border crime and illegal immigration that threaten...more

Butler Snow LLP

Even Equity Has Limits: What a Reversal of Florida Fortunes for Former President Trump Means for Civil Litigants in Tennessee

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*A recent federal appeals court’s decision to reverse the stoppage of a criminal investigation in Florida has implications for civil litigants in Tennessee.* On December 1, 2022, the U.S. Court of Appeals for the Eleventh...more

Foley Hoag LLP - White Collar Law &...

DOJ’s Settlement Imposes Legal Process Compliance Monitor, Highlighting the Government’s Increased Focus on Data Preservation

Google will spend the next three years with an independent compliance monitor scrutinizing its process for responding to warrants and other government data requests. This and other requirements are part of a settlement...more

BakerHostetler

For California Electronic and Computing Services Companies, New Processes Required Before Responding to Warrants, Subpoenas and...

BakerHostetler on

In response to the Dobbs decision, California enacted legislation intended to enhance data privacy and block record requests by other states concerning alleged abortion-related offenses that are lawful in California. In...more

Weintraub Tobin

Area Man Defends the Rights of Satirists: The Onion’s Headline-Grabbing Amicus Brief Defends the Right to Deadpan Parody

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The Onion recently filed a headline-grabbing amicus brief intended to defend the rights of Ohio amateur satirist Anthony Novak. Novak created the “City of Parma Police Department” Facebook account, admittedly to exercise his...more

Robinson+Cole Data Privacy + Security Insider

California Law Prohibits Cooperation with Out-of-State Entities Regarding Lawful Abortion

In response to Dobbs v. Jackson Women’s Health Organization, California Governor Gavin Newsom recently signed AB 1242 into law, which “prohibits law enforcement and California corporations from cooperating with out-of-state...more

Wiley Rein LLP

Maryland Court of Appeals Updates the ‘Particularity’ Standard for Cell Phone Searches as U.S. Courts Develop New Doctrines for...

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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

Wiley Rein LLP

Court Records Reveal Investigation into Retired General’s Undisclosed Political Advocacy for Qatar

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On June 7, 2022, an affidavit inadvertently made public details of an investigation into retired General John R. Allen for allegedly failing to register under the Foreign Agent Registration Act (FARA) after acting as an agent...more

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