High Court Hears Argument in GPS Fourth Amendment Case
In August 2010, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit ruled that if police wish to attach a GPS device to a criminal suspect’s car without a warrant, they first need to go...
View ArticleHigh Court: Police Tracking of Suspect Via GPS Requires Warrant
Last November, we discussed the U.S. Supreme Court’s oral argument in United States v. Jones, which posed the question of whether police need to obtain a warrant before attaching a GPS device to a...
View ArticleCourt: Data on Unsecured Network May Qualify for 4th Amendment Protection
The vast increase in the use of wireless data networks has led to new legal issues regarding network users’ right to privacy. A recent opinion issued by the U.S. District Court for the District of...
View ArticleCourt to Rule on Exceptions to Warrant Requirement for GPS Tracking
The U.S. Court of Appeals for the 3rd Circuit is set to become the first federal appellate court to answer the question left open by the Supreme Court in United States v. Jones. Last year, the Court...
View ArticleA Legislative Solution to Prosecutors’ Tracking of Suspects Via Their Devices?
The U.S. Supreme Court’s decision in the landmark 1966 case of Miranda v. Arizona underlined the importance of the Fifth and Sixth Amendments and drew a line that law enforcement must not cross – all...
View ArticleCircuit Split Brewing Over Government Access to Cell Phone Location Data
A split among the U.S. courts of appeals is taking shape over the threshold requirements for the government’s ability to obtain historical cell phone location data, in the wake of a July 30, 2013,...
View ArticleFBI Hacking Into Electronic Devices: An Effective But Invasive Tool
Privacy and national security interests are notoriously tricky to balance. Lean too far one way, and you lose an important tool in preventing and detecting crime; lean too far the other way, and you...
View ArticleAppeals Court: Forced Rectal Search of Suspect Violates 4th Amendment
In a recent opinion, the US Court of Appeals for the 6th Circuit addressed whether it was constitutionally reasonable for police to use a doctor – in this case, a doctor “who is known to conduct...
View ArticleU.S. Court of Appeals Decision: Cell Location Data is Protected Under...
The U.S. Court of Appeals for the Eleventh Circuit recently considered whether cell site location data is protected by the Fourth Amendment. On June 11, 2014, the court issued its decision in favor of...
View ArticleRemote Search Warrants and the Continued Threat to Privacy Rights
What were you doing Wednesday, November 5, 2014? If you are a staunch Republican, you might have been toasting the election results from the day before, dreamy-eyed and dancing. If you are a staunch...
View ArticleFourth Amendment the Loser in BALCO Ruling
A recent ruling of the U.S. Court of Appeals for the 9th Circuit is a win for Major League Baseball players whose drug-testing records must now be returned to them after they were improperly seized in...
View ArticleISPs Take Note: Court Rules E-mails Have Full 4th Amendment Protection
The U.S. Court of Appeals for the 6th Circuit has just issued a trail-blazing opinion that is good news for anyone who has ever sent an e-mail – and that needs to be carefully read and adhered to by...
View ArticleACLU Wins FOIA Appeal on Prosecutors’ Use of Cell Phone Location Data
For some time now, the American Civil Liberties Union has been concerned about some federal prosecutors’ practice of seeking court orders to track the location of people’s cell phones without probable...
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Laptops, Border Checks and The Fourth Amendment
Photo: “LAX-International-checkin” by TimBray at en.wikipedia. Developments in law are sluggish compared to the rapid rate of technological advancement, and courts must constantly apply old legal...
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Cell Tower Location Data Privacy Decision Reversed
Last July, we reported on United States v. Davis, an Eleventh Circuit decision in favor of privacy rights. In that case, a three-judge panel held that cell phone users have a reasonable expectation of...
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