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Fourth Amendment
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Sentencing Law and Policy
SCOTUS keeps us waiting on remaining big (and little) criminal justice cases
Main June 11, 2018SCOTUS keeps us waiting on remaining big (and little) criminal justice casesThe Supreme Court issued a new order list and opinions in four argued cases this morning,…
Supreme Court Update
Collins v. Virginia (16-1027), Lagos v. United States (16-1519)
By Kim Rinehart, Tadhg Dooley, David R. Roth
As we continue to await the dropping of the other shoe (filled with 29 pending cases), let's kick two more out of the way. First up, in Collins v. Virginia…
PrawfsBlawg
SCOTUS Term: Collins v. Virginia And Remedial Shell Games
Main Thursday, May 31, 2018SCOTUS Term: Collins v. Virginia And Remedial Shell GamesIn Collins v. Virginia, the Court held that the automobile exception to the warrant requirement does not permit…
Inside Privacy
Federal Appeals Courts Split on Forensic Searches of Devices Seized at Border
By Jim Garland
Two federal appellate courts are taking sharply different views on whether—and why—government agents must have some amount of suspicion to conduct forensic searches of electronic devices seized at the border.…
PrawfsBlawg
SCOTUS Term: Where are the opinions?
Main Tuesday, May 29, 2018SCOTUS Term: Where are the opinions?I'm happy to be back at Prawfs for another end-of-term Symposium. I thought I'd kick things off with a short post…
International Trade Law
No Reasonable Suspicion Required for Forensic Searches of Electronic Devices at the Border
By Kelly T. Currie, Paul M. Rosen, Joel Mallord, Christopher D. Garcia
Another Circuit Weighs in on Border Search Authority Creating Circuit Split On May 23, 2018, the Eleventh Circuit, in United States v. Touset, held that reasonable suspicion is not required…
Technology Law Dispatch
Supreme Court drops hints about upcoming privacy decision in Carpenter
By Todd Kim, Kelley Chittenden
As previously reported, the Supreme Court on November 29 heard arguments in Carpenter v. United States, an important privacy case about the Fourth Amendment’s application to 127 days’ worth of…
Criminal
Courts Continue to Grapple with Border Searches of Electronic Devices: Fourth Circuit Rules Forensic Searches Require Individualized Suspicion
By Alexis Danneman, Gina LaMonica
On May 9, 2018, the Fourth Circuit Court of Appeals issued an opinion in United States v. Kolsuz, holding that the Fourth Amendment requires individualized suspicion for forensic searches of…
PrawfsBlawg
Second Thoughts on the “First View” Principle
Main Sunday, May 20, 2018Second Thoughts on the “First View” PrincipleThe Justices often intone that theirs is “a court of review, not of first view,” but last Monday’s decisions illustrate…
Supreme Court Update
Oil States Energy Services v. Greene’s Energy Group (16-712), SAS Institute v. Iancu (16-969)
By Kim Rinehart, Tadhg Dooley, David R. Roth
As we forecast last week, the downpour has commenced. The Court released five new decisions yesterday morning, including one of the most anticipated of the term, Murphy v. NCAA (No.…