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Archive for the ‘Fourth Amendment’ Category

New Jersey Supreme Court: Police Must Obtain Warrant Before Accessing Cell Phone Location Information

State v. Earls
By Casey Clausen – Edited by Mary Grinman

On July 18, the New Jersey Supreme Court reversed and remanded an Appellate Division judgment. The court held that the New Jersey Constitution protects an individual’s privacy interest in the location information transmitted by a cell phone, which can be used by police as a tracking device. Under the ruling, police must obtain a search warrant before accessing that information.

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Posted On Jul - 30 - 2013 3 Comments READ FULL POST

Trailblazing Email Privacy Bill Proposed in Texas
Mary Grinman – Edited by Natalie Kim

On May 27, 2013, the Texas State Senate and House signed H.B. 2268. The legislation requires state law enforcement agents to secure a warrant before accessing emails and other “electronic customer data.” H.B. 2268 at 3–4. It also permits warrants on out-of-state service providers that do business with a Texas resident in certain circumstances. Id. at 9. The bill closes the loophole of the 1986 Electronic Communications Privacy Act (ECPA), which allows warrantless access to emails opened or older than 180 days.

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Posted On Jun - 8 - 2013 Comments Off READ FULL POST

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
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