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Archive for the ‘Fourth Amendment’ Category

Massachusetts SJC Clarifies Probable Cause for Cell Phone Seizure

 

By Nehaa Chaudhari – Edited by Ellora Israni

 

The Massachusetts Supreme Judicial Court (SJC) affirmed last month a lower court’s decision to suppress information found on a cell phone seized without warrant or probable cause.

 

In allowing the Commonwealth’s appeal against the order of the Superior Court, the SJC considered two issues under the Fourth Amendment to the United States Constitution: and Article 14 of the Massachusetts Declaration of Rights.

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Posted On Oct - 17 - 2016 Add Comments READ FULL POST

How Far Can Law Enforcement Go When Gathering Email Evidence? Former Gov. Scott Walker Employee Files Petition for Writ of Certiorari

By Kasey Wang – Edited by Ariane Moss

Kelly Rindfleisch is serving a six-month sentence for misconduct in public office while working for then-County Executive Scott Walker. Rindfleisch appeals to the U.S. Supreme Court, claiming that the government violated her Fourth Amendment rights while searching her emails for evidence for a different case.

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Posted On Jul - 20 - 2015 Comments Off READ FULL POST

Wikimedia Sues NSA for Upstream Surveillance

By Paulius Jurcys – Edited by Sarah O’Loughlin

Wikimedia Foundation filed a suit against the NSA challenging the constitutionality of upstream surveillance programs, which allow the NSA to communicate by Americans and persons abroad. The claim, which was joined by eight other human rights organizations, challenges NSA’s actions as violations of the First and Fourth Amendments of the US Constitution.

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Posted On Mar - 23 - 2015 Comments Off READ FULL POST

ACLU and EFF Protest the Constitutionality of Williamson County Schools’ Technology Policy

By Michelle Goldring – Edited by Jesse Goodwin

The ACLU of Tennessee and EFF wrote a letter to the superintendent and board of Williamson County Schools in response to its new technology policy. The letter raises concerns about portions of the policy that would limit students’ right to freely use social media even when outside the school and would permit students’ devices to be searched with few restrictions, in violation of students’ First and Fourth Amendment rights.

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Posted On Nov - 10 - 2014 Comments Off READ FULL POST

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 Comments Off READ FULL POST
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