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Archive for the ‘Fourth Amendment’ Category

By Dr. Jur. Eric Engle, LLM[i] Edited by Gary Pong Editorial Policy New technologies have made types of searches possible which could never have been envisioned when the Fourth Amendment was proposed to prohibit unreasonable search and seizure. With remote listening, infrared imaging, and, now, wireless technologies, it is possible to detect movements of people within buildings with no discernible physical impact on the surveilled person’s life.[ii] Are remote searches reasonable? Do they require a warrant?[iii] In my opinion, courts ... Read More...
Posted On Dec - 29 - 2009 Comments Off READ FULL POST
Court Suppresses Email Evidence in Bear Sterns Case By Stuart K. Tubis – Edited by Jad Mills U.S. v. Cioffi, et al., Case No. 08-CR-415 (FB) (E.D.N.Y. Oct. 26, 2009) Slip Opinion (hosted by WSJ) The Eastern District of New York granted defendant Matthew Tannin’s motion to suppress evidence obtained from his personal Gmail account. Ralph Cioffi and Matthew Tannin were charged with conspiracy, securities fraud and wire fraud in connection with their roles as Bear Sterns hedge fund managers. ... Read More...
Posted On Nov - 6 - 2009 Comments Off READ FULL POST
By Tyler Lacey Federal Prosecutors Launch New Attack Against Online Gamblers in the United States On June 9, the New York Times reported that federal prosecutors asked four American banks to freeze accounts containing money believed to be used for distributing winnings to online poker players. Wells Fargo, one of the contacted banks, received a court order requiring that the funds be frozen. Professor I. Nelson Rose of Whittier Law School described the move as “surprising” and as a “gamble” ... Read More...
Posted On Jun - 13 - 2009 Comments Off READ FULL POST
Ninth Circuit Denies Rehearing En Banc in Quon v. Arch Wireless Text Message Privacy Case By Debbie Rosenbaum — Edited by Christina Hayes Quon v. Arch Wireless Operating Co. Ninth Circuit, No. 07-55282 Order denying rehearing en banc Opinion concurring in denial of rehearing en banc Opinion dissenting from denial of rehearing en banc On January 27, 2009, the Ninth Circuit denied rehearing en banc in Quon v. Arch Wireless, a case decided by a Ninth Circuit panel in June ... Read More...
Posted On Jan - 31 - 2009 Comments Off READ FULL POST
New Law Expands Government Surveillance Powers By Daniel Ray — Edited by Sarah Sorscher H.R. 6304 — FISA Amendments Act of 2008 Full Text of Enrolled Bill Senate Vote Summary GovTrack.us Summary On July 9, the Senate passed H.R. 6034, the FISA Amendments Act of 2008, and President George W. Bush signed it into law the following day. The new law modifies the Foreign Intelligence Surveillance Act of 1978 (“FISA”) to expand (subject to certain new checks) the federal government’s ... Read More...
Posted On Jul - 12 - 2008 2 Comments READ FULL POST
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