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Fourth Amendment Data Collection Criminal Investigations

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -
EDRM - Electronic Discovery Reference Model

[Webinar] ESI and Crimes: Catching Criminals and Protecting Rights - May 22nd, 1:00 pm - 2:00 pm ET

Electronic information in various forms is now a common feature in the investigation and prosecution of crimes. The search for and use of that information presents issues under the Fourth, Fifth, and Sixth Amendments as well...more

Womble Bond Dickinson

U.S. Customs Opens Mass Searches of Data on Confiscated Traveler Smartphones, Computers

Womble Bond Dickinson on

I am an advocate of providing law enforcement officers the newest technology to do their jobs well. If there is a recording of an event, the police should be able to use it. If a stingray can capture cell phone...more

Proskauer - Minding Your Business

Privacy vs. Security: Will SCOTUS Leave the (Third) Party in 2018?

If the government obtains information about your past locations from your wireless provider, is that a search? If so, is it a search that requires the government to obtain a warrant? Courts have held that, because companies...more

Robinson+Cole Data Privacy + Security Insider

US Supreme Court Evaluates Privacy of Cell Phone Data

Last Thursday, the United States Supreme Court heard argument in Carpenter v. United States. At issue was whether the FBI violated the Fourth Amendment when it obtained the cellphone location records of the Timothy...more

Robinson+Cole Data Privacy + Security Insider

Warrantless access to cell phone location data may be heard by the Supreme Court

A number of courts have considered whether the Fourth Amendment requires the government to obtain a warrant to access historical and/or real time cell phone geographic location information, known as CSLI. CSLI is cell site...more

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