Statute
Fourth Amendment
736 published works
Data Privacy + Cybersecurity Insider
Northern District of California Requires A Warrant to Access Cellphone Geographic Information
We previously reported that government access to cellphone geographic information or CSLI without a warrant has become a vigorous debate between the government, defense attorneys, and the federal bench. In…
Data Privacy + Cybersecurity 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…
Data Counsel
Does the Government Have Carte Blanche to Retain Seized Data Indefinitely? In Amicus Brief to the Second Circuit, Policy Groups Argue No
By William W. Hellmuth, BakerHostetler
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,…
PropertyProf Blog
Brady on The Lost ‘Effects’ of the Fourth Amendment: Giving Personal Property Due Protection
Molly Brady (Yale) has posted The Lost 'Effects' of the Fourth Amendment: Giving Personal Property Due Protection (Yale Law Journal) on SSRN. Here's the abstract:Along with “persons, houses, and papers,”…
... and Justice for All
Malicious Prosecution – Grand Jury Testimony Equals Participation In Decision to Prosecute
Freedom from malicious prosecution, according to the Sixth Circuit, is a clearly established Fourth Amendment right. To prevail on a malicious prosecution a plaintiff must prove that (1) the defendant…
Inside Privacy
Supreme Court Strikes Down Ordinance Authorizing Warrantless Searches of Hotel Records
By Caleb Skeath
On June 22, the Supreme Court issued its decision in Los Angeles v. Patel, striking down a Los Angeles city ordinance that allowed law enforcement to inspect hotel guest registers…
Constitutional Law Prof Blog
Court Strikes Warrantless Hotel Registry Searches
Steven D. Schwinn, John Marshall Law SchoolThe Supreme Court today struck a Los Angeles city ordinance that required hotels to make available their guest records "to any officer of the…
Corporate Governance & Internal Investigations Advisor
Circuits Split on Government Warrantless Search of Electronic Data
Companies and other private parties acting on their own are not regulated by the Fourth Amendment’s restriction on search and seizure. A company can reconstruct a prior computer search for…
La Oficina Legal Ayala Hernández
La Instalación de un Artefacto GPS en Vehículo Privado es un Registro bajo la Cuarta Enmienda de la Constitución de los EE.UU.
Antoine Jones era sospechoso de traficar drogas por lo cual fue investigado por las autoridades. Estas obtuvieron una orden judicial para instalar al vehículo de Jones un artefacto GPS con…
Data Privacy + Cybersecurity Insider
Seizure of memory cards from digital cameras allowed under plain view doctrine
Courts today are faced with applying traditional Fourth Amendment search and seizure doctrines to twenty-first century digital technology. In one such case, the Massachusetts Appellate Court upheld a lower court’s holding in…