Bar Exam Toolbox Podcast Episode 220: Listen and Learn -- Exceptions to the Warrant Requirement
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
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
Entities that receive criminal process (such as subpoenas or search warrants) in Washington state should review Washington’s new Shield Law, which the legislature just passed as part of its post-Dobbs “choice-defending...more
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
Inadvertently Disclosed Warrant Application Against Apple in a Criminal Investigation Against Retired Marine General Reveals Latest DOJ Search Procedures, the Dangers of Pacer and Too Much Court Record Transparency, and Much...more
This article is Part Two of the blog Inadvertently Disclosed Warrant For Apple iCloud Data. Items To Be Seized – Search Procedures - In Attachment B to the Application, entitled, Items To Be Seized, the government describes...more
According to a June 7, 2022, New York Times report: "John R. Allen Federal prosecutors have obtained records indicating that John R. Allen, the retired four-star Marine general who commanded all American troops in...more
It has long been the rule in New York State that in order to hold a municipality responsible for injuries that arise from its performance of a governmental function, a plaintiff had to establish the municipality owed to him...more
On May 20, 2019, at approximately 4:52 p.m., a man walked into the Call Federal Credit Union outside Richmond, Virginia, pointed a firearm at the tellers, and threatened to kill them and their families unless he was given at...more
Maritime liens typically arise from torts, contracts or particular maritime services such as salvage or towage. In this article, the authors discuss categories of maritime liens, arrests and attachments and more. What Is...more
Find out why the recent guidance from the SEC on how SPAC warrants are classified requires careful consideration of the specific facts and circumstances for each entity and each contract....more
The recent statement by the Staff of the SEC (the Staff Statement) will likely impact almost every SPAC or post-de-SPAC entity with warrants in its structure. SPAC/post-de-SPAC entities should review warrant terms to...more
In a new decision, the Michigan Court of Appeals has held that when it comes to privacy and aerial surveillance, a landowner has a greatly enhanced expectation of privacy when unmanned aircraft are involved. The decision,...more
A warrant has been issued for Morgan Cipres’ arrest for the crime of Transmission of Harmful Material to a Minor December 9, 2020 — FOR IMMEDIATE RELEASE — The Pasco County State Attorney’s Office filed a felony charge...more
In United States v. Purcell, the Second Circuit (Lynch, Pooler, and Park) considered the conviction of defendant Lavellous Purcell on five counts all arising out of his operation of a prostitution business. On appeal,...more
In United States v. Smith, the Second Circuit (Katzmann, Kearse, Meyer, by designation) issued a split opinion weighing whether a month-long delay between authorities’ seizure of a tablet computer and their application for a...more