Bar Exam Toolbox Podcast Episode 141: Listen and Learn -- The Fourth Amendment
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
Do Legal Challenges to NSA's PRISM Program Stand a Chance? Yes.
As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...more
Last week, in a historic decision on travelers’ rights to privacy at the U.S. border, U.S. District Court Judge Denise Casper in Boston ruled that suspicionless searches at U.S. ports of entry (airports and border crossings)...more
U.S. Customs and Border Protection (“CBP”) recently updated its 2009 directive pertaining to border searches of electronic devices. The Supreme Court of the United States has deemed warrantless searches by CBP legal and...more
Currently there are a number of pending cases concerning the issue of whether Border searches can include a search of someone’s cellphone. On March 15, 2018, a divided 11th Circuit Court, upheld the conviction of a Florida...more
We previously reported that U.S. Customs and Border Patrol (CBP) have been stopping U.S. citizens at the borders of the United States and demanding passwords for access to mobile devices. According to CBP, 19,051 mobile...more
As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more
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
On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations...more
Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more