Topic
Warrant Requirement
16 published works
North Carolina Criminal Law
Case v. Montana Attempts to Clarify the Emergency Aid Exception to the Warrant Requirement
By Jeff Welty
When can law enforcement officers enter a person’s home, without a warrant, in order to provide emergency assistance? How sure must the officers be that assistance is needed before an…
Legal Profession Blog
To Be Free In Alaska
A blow for airspace freedom struck by the Alaska Supreme CourtDo the police have to get a warrant before taking pictures of your yard with a zoom lens while flying…
Appellate Advocacy Blog
Waiting for Warrants? Chief Justice Roberts’s conflicting opinions on the speed of warrant applications in Lange and McNeely.
In his recent concurring opinion in Lange v. California, Chief Justice Roberts argued in favor of a robust version of a “hot pursuit” exception to the warrant requirement. His argument…
Appellate Advocacy Blog
Reducing Exigencies and Rebuilding Trust
Exigent circumstances have appeared on the Supreme Court’s mind (and docket) frequently in recent months. After hearing arguments on the hot pursuit species of exigent circumstances in February’s Lange v.…
Simple Justice
Your Car, Their Black Box
Imagine you’re in the parking lot of Los Pollos Hermanos after a chicken dinner that couldn’t be beat, and spot an odd looking box attached to your car. You’re reasonably…
Boston Criminal Lawyers Blog
“Pinging” for Cell Phone Location Data Unconstitutional Without a Warrant
By Lefteris K. Travayiakis Esq.
The law is ever-changing. Society changes. Ideologies change. And technology advances. It is often difficult for the court’s to keep up with changes in the world and implementing or amending…
Technology Law Dispatch
Federal Appeals courts decline to exclude cell phone location information collected without warrants pre-Carpenter, but Carpenter’s future impact still unclear
In his dissent in Carpenter v. United States, 138 S. Ct. 2206 (2018), Justice Kennedy observed that “the Cyber Age has vast potential both to expand and restrict individual freedoms…
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…
CommLawBlog
Better Legal Protection for Emails?—My Fault That It’s Needed
A bill moving through Congress would require a warrant to access the contents of an email, even an email more than six months old. Wait—what? You read that right. Today’s…
Technology Law Source
Warrant required for cell phone searches
A recent U.S. Supreme Court decision provides "a very clear and straightforward message" to law enforcement: You must obtain a warrant to search the contents of any cell phone. Kelly…