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
8/28/2024
/ CO Supreme Court ,
Compliance ,
Data Collection ,
Electronic Devices ,
Electronically Stored Information ,
Fourth Amendment ,
Google ,
Law Enforcement ,
Location Data ,
Search Warrant ,
Unconstitutional Condition ,
Warrants
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
11/16/2023
/ Admissible Evidence ,
Border Searches ,
Cell Phones ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Electronically Stored Information ,
FBI ,
Fourth Amendment ,
Judge Rakoff ,
Law Enforcement ,
Precedential Opinion ,
Reasonable Suspicion ,
Split of Authority ,
Travelers ,
Warrantless Searches