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.
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
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
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
In 1986, Congress passed an obscure statute called the Stored Communications Act that has become much more relevant 30 years later. The U.S. Supreme Court will have two opportunities to help define the scope of digital...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
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
On July 14, 2015, the California Electronic Communications Privacy Act (“Cal-ECPA”) unanimously passed the California State Assembly’s public safety committee. The bill would forbid warrantless cellular “stingrays” as well...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
On June 25, 2014, the Supreme Court of the United States decided Riley v. California, No. 13-132, and United States v. Wurie, No. 13-212, holding that police must generally obtain a warrant before searching a cell phone...more
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
Recent revelations concerning the activities of the National Security Agency (“NSA”) include reports that the NSA and other government agencies have – in secret – routinely collected in bulk the “metadata” associated with...more