Bar Exam Toolbox Podcast Episode 220: Listen and Learn -- Exceptions to the Warrant Requirement
As media across the country report a significant rise of immigration enforcement activities under the new Trump Administration, it is imperative that employers establish policies and protocols for responding to possible...more
Earlier this year, we wrote on the Fourth Circuit's en banc rehearing in United States v. Chatrie, a criminal appeal addressing whether a geofence warrant used to locate the defendant in a bank robbery trial was a...more
In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more
As immigration enforcement efforts evolve, landlords and property managers must prepare to respond appropriately when interacting with Immigration and Customs Enforcement (ICE) or other law enforcement agencies. Understanding...more
Law enforcement agents are not all-powerful in the United States; their power is restricted by the Fourth Amendment to the United States Constitution. Although primetime police dramas often paper over the details, every...more
It has been reported that dentists and other health care professionals have been visited/contacted by U.S. Immigration and Customs Enforcement agents seeking to carry out “immigration policies” and to remove those unlawfully...more
Here are our top tips to assist companies and institutions in preparing for visits by immigration officials. The second Trump administration has set robust enforcement of the immigration laws as a top-level priority. On...more
The Trump administration has made clear its intent to increase Immigration and Customs Enforcement efforts in order to carry out mass deportations. The agency intends to employ a range of tactics, including those often...more
In 2003, Congress created the Department of Homeland Security (DHS). Within the DHS is the interior enforcement arm, U.S. Immigration and Customs Enforcement (ICE), that enforces federal laws governing border control,...more
Massive policy shifts and executive action from the White House in the early days of the new Trump administration necessitate that K-12 school administrators proactively prepare for interactions with immigration authorities...more
The Department of Homeland Security (DHS) will no longer follow guidelines that once limited immigration enforcement in so-called “protected” or “sensitive” locations. The change stems from President Trump’s Executive Order...more
Recent policy shifts enacted by the new Trump Administration have led to growing anxiety and fears of expanded and aggressive enforcement tactics, making it essential for businesses and institutions to understand and prepare...more
The Trump Administration’s flurry of executive orders directing the implementation of immigration policy objectives to carry out the “largest domestic deportation operation in American history” has many hospitals and other...more
Over the last week, federal immigration enforcement has intensified in some parts of the country, though not yet on the scale many feared. According to reports, Immigration and Customs Enforcement (ICE) made 308 arrests...more
Incoming “border czar” Tom Homan said President-elect Trump’s administration will crank up workplace raids as part of its broader immigration crackdown. Speaking on “Fox & Friends” after the announcement of his...more
A 1971 Supreme Court Decision of Doubtful Vitality Thwarts § 1983 Liability for Mistaken-Identity Arrests and Stifles Development of Clear Constitutional Rules - Kafka would love qualified immunity.1 Not only does current...more
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
Privacy issues are inherent in almost all facets of a business — from operations, employment, and technology to customer service, contracts, legal and compliance — all with varying degrees of risk. Most companies mitigate...more
We have blogged previously about the intersection of fraud and bankruptcy. A recent decision from the U.S. District Court for the Central District of California justifies an addition to that series of posts. Thomas...more
County police officers were investigating a theft of farm equipment. They applied for a “geofence warrant” to be served on Google: “A geofence warrant authorizes the seizure of location data collected from smartphones of...more
In the course of business operations, criminal incidents—particularly those concerning workplace violence—unfortunately arise. These incidents may involve, for example, a patron who attacks or threatens an employee, an...more
On November 2, 2022, the U.S. Securities and Exchange Commission (SEC) announced the adoption of amendments to Form N-PX and related rules to extend public company stockholder vote disclosure filing requirements beyond...more
The California Occupational Safety and Health Appeals Board (OSHAB) recently issued two decisions of interest to employers in California. In In re Calvary Chapel of San Jose, the Board examined issues concerning an inspection...more
The HIPAA privacy rules (45 CFR § 164.501 et seq.) generally prohibit healthcare providers and their business associates from disclosing protected health information in response to subpoenas and other government demands...more
On April 17, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”) issued a notice of proposed rulemaking to modify the Standards for Privacy for Individually Identifiable...more