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Archive for the ‘Fourth Amendment’ Category

Sixth Circuit Rules Against School’s Search of Student’s Cell Phone

G.C. v. Owensboro Public Schools
By Michelle Sohn– Edited by Sarah Jeong

In a 2-1 decision, the Sixth Circuit reversed the U.S. District Court for the Western District of Kentucky. The lower court had granted summary judgment for Owensboro, holding that the school’s search of a student’s cell phone did not violate the Fourth Amendment.

The Sixth Circuit held that the school’s search of G.C.’s cell phone was an unreasonable search and seizure.

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Posted On Apr - 13 - 2013 Comments Off READ FULL POST

Supreme Court Holds that “Dog Sniffing” in Area Around the Home Constitutes a Fourth Amendment “Search”

Florida v. Jardines
By Mary Grinman – Edited by Geng Chen

In a 5–4 decision, the Supreme Court of the United States affirmed the Supreme Court of Florida, which had held that the use of a trained narcotics dog to inspect the area immediately surrounding Joelis Jardines’s home, including his porch, constituted a Fourth Amendment “search.”

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Posted On Apr - 4 - 2013 1 Comment READ FULL POST

Ninth Circuit Requires Reasonable Suspicion for Forensic Laptop Searches at the Border

United States v. Cotterman
By Casey Holzapfel ­– Edited by Jessica Vosgerchian

In an en banc decision, the United States Court of Appeals for the Ninth Circuit reversed a decision of the District Court of Arizona suppressing evidence found in a laptop seized by border agents. The Ninth Circuit held that comprehensive searches of electronic devices must meet a standard of reasonable suspicion of criminal activity.

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Posted On Mar - 15 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief

By Ron Gonski

Smartphone Unlockers May Soon Rejoice (Possibly)

U.K. High Court Blacklists Piracy Websites, Raises Possibility of Active Monitoring

Effect of the Supreme Court’s Decision in Clapper Already Being Felt

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Posted On Mar - 11 - 2013 Comments Off READ FULL POST

Supreme Court Rejects Challenge to Wireless Wiretapping Law for Lack of Standing

Clapper v. Amnesty Int’l USA
By Samantha Rothberg – Edited by Jacob Rogers

The Supreme Court reversed and remanded the U.S. Court of Appeals for the Second Circuit, which had held that a group of attorneys, journalists and human rights organizations had standing to challenge the FISA Amendments Act on the basis of an “objectively reasonable likelihood” that the plaintiffs’ communications would be intercepted under the law.

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Posted On Mar - 9 - 2013 1 Comment READ FULL POST
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