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Fourth Amendment Search Warrant Law Enforcement

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 -
Gardner Law

How to Protect Your Business During a Search Warrant Execution

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Responding to Law Enforcement and Safeguarding Your Interests - In this final installment of our series on government investigations, we tackle the most daunting scenario: the execution of a search warrant at your...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

Zuckerman Spaeder LLP

How many times can the same police department arrest you on a warrant that bears your name but is plainly not intended for you?

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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

Poyner Spruill LLP

Torres v. Madrid (New Excessive Force Opinion from SCOTUS)

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In a 5-3 decision authored by Chief Justice Roberts, the U.S. Supreme Court ruled in Torres v. Madrid that a woman who was shot while fleeing from police officers was “seized,” even though she remained at large. ...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reverses One Conviction for Lack of Venue, Affirms Others Despite Unlawful Warrant

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

Snell & Wilmer

What Does the New Utah Electronic Data Privacy Law Do?

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Utah recently became the first state to enact a law specifically designed to protect private electronic information stored with third parties from collection by law enforcement without a valid warrant. Utah Governor Gary...more

Womble Bond Dickinson

New Utah Privacy Law Expands Warrant Requirement for Individuals’ Data Held by Electronic Communications Service Providers

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On March 27, 2019, Utah Governor Gary Herbert signed HB 57, a bill designed to increase privacy protections by requiring law enforcement to obtain a search warrant before being able to access a person’s data held by...more

Foley Hoag LLP - Security, Privacy and the...

Can Law Enforcement Force You To Use Your Finger to Unlock Your Phone?

Can a fingerprint alone provide “testimony” about a person? Earlier this month, a federal court in California said yes. But the court was not engaging in a highly-localized form of palm-reading; rather, the question arose in...more

Harris Beach PLLC

SCOTUS Requires Warrant for Cell Phone Location Records

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Today, in a 5-4 decision, the US Supreme Court ruled that the government’s acquisition of information regarding an individual’s location based on a cell phone record amounts to a Fourth Amendment search and generally requires...more

Foley & Lardner LLP

The CLOUD Act's Dramatic Impact on International Privacy Laws

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Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data). Without any public hearings,...more

Rumberger | Kirk

Florida Court Extends Privacy Rights to Vehicle Black Box

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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

Proskauer - Minding Your Business

You’ve Got (Foreign) Mail: Can Law Enforcement Get to it?

Even though Microsoft is a U.S. corporation subject to domestic subpoenas and warrants, prosecutors are not entitled to emails stored on its servers abroad, the Second Circuit ruled last week in Microsoft Corp. v. United...more

Brooks Pierce

Fourth Circuit Says Law Enforcement Doesn’t Need a Warrant to Figure out Where You Are

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Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more

Latham & Watkins LLP

Are Changes in Store for the Stored Communications Act?

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Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

Best Best & Krieger LLP

Rival Court Decisions Reflect Shifting Views on Privacy in Public

With the spotlight on one high-profile battle that pits privacy rights against public safety interests, another crucial, similar dispute is making its way through the courts. How to evaluate new technology and its potential...more

Locke Lord LLP

California Enacts Electronic Communication Privacy Statute, Connected Television Privacy Statute

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The California legislature recently enacted the California Electronic Communications Privacy Act (“CalECPA”) (Senate Bill 178), which provides greater protections against governmental searches for persons’ electronic...more

Best Best & Krieger LLP

Law Enforcement in the 21st Century: How The Courts Are Responding

As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more

Franczek P.C.

U.S. Supreme Court’s Decision Raises Questions About Cell Phone Searches in Schools

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The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more

McDermott Will & Emery

Supreme Court Prohibits Warrantless Mobile Phone Searches, Underscores Individual Right to Privacy

The Supreme Court of the United States released a unanimous decision last week barring law enforcement from searching the mobile phones of individuals placed under arrest without first obtaining a search warrant or the...more

Nossaman LLP

Supreme Court Rules That Police May Not Search Cell Phones Without A Warrant

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One of the fundamental liberties protected by the Bill of Rights is freedom from unreasonable searches. The Fourth Amendment reflects the concern that “We the People” should not be subjected to intrusive searches of our...more

Foley Hoag LLP - Security, Privacy and the...

In Riley v. California, Supreme Court Rules Police Must Obtain Warrant before Searching Cell Phones

In a unanimous decision issued last week, the Supreme Court ruled that police cannot search the cell phones of arrested individuals without a warrant. In reaching its decision, the Court recognized that there is an immense...more

Bracewell LLP

U.S. Supreme Court: Police Must Obtain Warrant Before Searching Cell Phones

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In a decision that changes the way law enforcement officers collect electronic information, the U.S. Supreme Court ruled in Riley v. California, 573 U.S. ___ (2014), that officers may not search a cell phone incident to a...more

Proskauer - Privacy & Cybersecurity

Landmark Supreme Court Ruling Protects Cell Phones from Warrantless Searches

On June 25, 2014, the Supreme Court unanimously ruled that police must first obtain a warrant before searching the cell phones of arrested individuals, except in “exigent circumstances.” Chief Justice John Roberts authored...more

Moore & Van Allen PLLC

Privacy & Data Security Update: Supreme Court Rules that Warrants are Required for Cell Phone Searches

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On June 25th, the Supreme Court brought the Fourth Amendment into the digital age with its ruling in Riley v. California. The case presented the question of whether a warrant was required in order for law enforcement to...more

Fenwick & West LLP

Litigation Alert: Supreme Court Defends Expectation of Privacy In Cell Phone Data

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The Supreme Court, in a unanimous decision, limited the ability of law enforcement to search cell phones while making arrests, requiring police to obtain a search warrant before examining the data contained in an arrestee’s...more

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