Statute
Fourth Amendment
736 published works
Wiley Executive Summary
Law Enforcement Liability Policy Triggered by Suit for Violation of Constitutional Rights
A Missouri federal district court, applying Missouri law, has held that an insurer had an obligation under a law enforcement liability policy to defend a county and law enforcement officials…
ImmigrationProf Blog
Ninth Circuit rules Mexican mother can sue over cross-border Border Patrol shooting
Rebecca Morin on Politico reports that a federal court ruled yesterday that a woman whose son was killed on Mexican soil by a U.S. Border Patrol agent in Arizona can…
The Data Advisor
U.S. Supreme Court Requires Warrant for Law Enforcement Requests for Location Information from Third Parties
By Edward Holman, Brett Weinstein
The U.S. Supreme Court has handed down a major decision, Carpenter v. United States,1 concerning the Fourth Amendment’s application to the rapidly evolving technological landscape. The 5-4 decision dramatically alters…
Socially Aware Blog
Location Information Is Protected by the 4th Amendment, SCOTUS Rules
By Robert S. Litt, Sophia M. Brill
As close observers of the implications of privacy law on companies’ data collection, usage and disclosure practices, we at Socially Aware were among the many tech-law enthusiasts anticipating the U.S.…
Sui Generis
U.S. Supreme Court Holds Expectation of Privacy in Cell Phone Geolocation Data
By Nicole Black
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Smartphones have become central to the lives of most Americans. We count on our phones to keep…
Global Investigations & Compliance Review
Fourth Amendment Meets 21st Century
In Carpenter v. United States, the Supreme Court protected cell site location data. Now “the Government must generally obtain a warrant supported by probable cause before acquiring such records.” Read…
Sentencing Law and Policy
DC Circuit Judge Brett Kavanaugh nominated by Prez Trump to replace Justice Kennedy
Main July 9, 2018DC Circuit Judge Brett Kavanaugh nominated by Prez Trump to replace Justice KennedyThe smart money, as reported here, has been on President Trump nominating DC Circuit Judge…
Workplace Privacy, Data Management & Security Report
You’re Gonna Need a Warrant for That….
On June 22, 2018, in Carpenter v. United States, the United States Supreme Court decided that the federal government would need a warrant in order to obtain historical location data…
Privacy World
Supreme Court Takes Another Step to Keep Up With the Digital Times: Criminal Procedure and Cell Phone Records in Carpenter
Personal location information held by a third party now receives heightened protection from disclosure to law enforcement Thanks to Timothy Ivory Carpenter, Cell Site Location Information (“CSLI”) is now part…
Sui Generis
Fourth Amendment ramifications of Facebook “searches” by police
By Nicole Black
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Fourth Amendment ramifications of Facebook “searches” by police I’ve written extensively in the past about the ethical…