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Fourth Amendment Search Warrant Data Collection

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 -
Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 48 - Digital Boundaries: Fourth Amendment Protections in a Connected World

Fox Rothschild LLP on

“The right of the people to be secure … against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause … and particularly describing the place to be searched, and the...more

WilmerHale

The Impact and Future of the Fifth Circuit’s New Hard-Line Stance on Geofence Warrants

WilmerHale on

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

Rumberger | Kirk

Florida Court Extends Privacy Rights to Vehicle Black Box

Rumberger | Kirk on

In a case of first impression, the Florida Fourth District Court of Appeal held that police need a warrant to search a vehicle’s black box or event data recorder (EDR)....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

BakerHostetler

Does the Government Have Carte Blanche to Retain Seized Data Indefinitely? In Amicus Brief to the Second Circuit, Policy Groups...

BakerHostetler on

On July 29, 2015, BakerHostetler filed an amicus brief with the Second Circuit on behalf of the Center for Democracy and Technology, joined by five prominent nonprofit public interest groups, for the en banc rehearing of...more

Pillsbury Winthrop Shaw Pittman LLP

Riley and the Third-party Doctrine

On June 25, 2014, the U.S. Supreme Court issued one groundbreaking opinion in two cases regarding cellphone searches incident to arrest. In a unanimous opinion, the court held that under the Fourth Amendment, police must...more

Best Best & Krieger LLP

BB&K Police Bulletin: Officers Must Obtain Warrant to Access Data on Arrestee's Mobile Phone Device

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

Dechert LLP

U.S. v. Ganias: Second Circuit Limits Government’s Ability to Use Electronic Material Seized Beyond Scope of Warrant for Different...

Dechert LLP on

In a recent decision that provides important guidance in the developing law related to government seizure of electronic records in criminal investigations, on June 17, 2014, the United States Court of Appeals for the Second...more

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