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Archive for the ‘Fourth Amendment’ Category

SDNY Magistrate Grants Government Search Warrant for Full Access to Suspect’s Gmail Account in Criminal Investigation

By Kellen Wittkop – Edited by Travis West

In an opinion that conflicts with decisions from the DC District Court and the District of Kansas, a SDNY magistrate granted the government’s search warrant for full access to a criminal investigation suspect’s Gmail account.

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Posted On Aug - 5 - 2014 Add Comments READ FULL POST

The PCLOB’s Recommendations for a More Reasonable Surveillance Program
By Max Kwon – Edited by Sarah O’Loughlin

The PCLOB issued a report analyzing the legal and policy implications of Section 702 of the FISA. The Board issued recommendations addressing various concerns, such as targeting and tasking, U.S. person queries, and upstream and “about” collection. Although the Board unanimously concluded that the core program of Section 702 is both reasonable and valuable, the report appears to be largely condemned by civil liberties advocates and scholars.

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Posted On Jul - 14 - 2014 Add Comments READ FULL POST

Supreme Court: Police Officers Need a Warrant to Search an Arrestee’s Cell Phone
By Anton Ziajka – Edited by Sarah O’Loughlin

On June 25, 2014, the Supreme Court decided that police officers “must generally secure a warrant before conducting . . . a search of the information on a cell phone” seized from an individual who has been arrested. Slip op. at 10. Writing for a unanimous Court, Chief Justice Roberts found that an officer’s search of a cell phone “implicate[s] privacy concerns far beyond those implicated by the search of . . . physical items.” Id. at 17.

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Posted On Jul - 7 - 2014 Add Comments READ FULL POST

Eleventh Circuit Finds Cell Site Location Data Requires Warrant
By Sheri Pan – Edited by Sarah O’Loughlin

The United States Court of Appeals for the Eleventh Circuit affirmed in part and vacated in part a jury conviction of Quartavious Davis on charges of robbery, conspiracy, and knowing possession of a firearm in furtherance of a violent crime.  Davis appealed the conviction on the grounds that the court violated his Fourth Amendment rights by admitting cell site location data that was obtained without a search warrant.

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Posted On Jun - 24 - 2014 Comments Off READ FULL POST

Flash Digest: News In Brief
By Christopher A. Crawford

DOJ Notifies Defendant: Evidence Gained From Warrantless Wiretaps

New Smartphone Patent War Begins

FTC Asks For Comments Regarding Regulation Of The “Internet of Things”

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Posted On Nov - 5 - 2013 Comments Off READ FULL POST
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