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20 May 2011, 3:43 am by Russ Bensing
  Oh, and Barnes wasn’ t that court’s only decision on search and seizure. [read post]
19 May 2011, 11:06 am by Orin Kerr
” The basic idea is that the police can search without a warrant when the totality of the circumstances make the warrantless entry reasonable. [read post]
19 May 2011, 8:37 am by Gritsforbreakfast
This is the first time an appellate court will directly address the validity of the search warrant. [read post]
18 May 2011, 9:11 am
Senate Judiciary Committee chairman Patrick Leahy (D-Vermont) proposed sweeping digital privacy protections Tuesday that would require the government, for the first time, to get a probable-cause warrant to obtain e-mail and other content stored in the cloud. [read post]
18 May 2011, 6:47 am
[JURIST] US Senator Patrick Leahy (D-VT) [official website] introduced a bill [text, PDF] Tuesday amending the 25-year-old Electronic Communications and Privacy Act (EPCA) [text], which he authored, to require the government to obtain a warrant before searching private e-mails and other data stored on an Internet cloud. [read post]
17 May 2011, 6:38 pm by Christa Culver
MillenderDocket: 10-704Issue(s): (1) Whether police officers are entitled to qualified immunity when they obtained a facially valid warrant to search for firearms, firearm-related materials, and gang-related items in the residence of a gang member and felon who had threatened to kill his girlfriend and fired a sawed-off shotgun at her? [read post]
It may not roll off the tongue, but it does do something even better — it protects all of your private digital communications with a search warrant backed by probable cause. [read post]
17 May 2011, 1:48 pm by Berin Szoka
Patrick Leahy (D-Vt.) today introduced legislation (S. 1011) to reform the Electronic Communications Privacy Act (ECPA). [read post]
17 May 2011, 12:39 pm by John Elwood
Millender, 10-704, seeks review of the en banc Ninth Circuit’s denial of qualified immunity for a search executed pursuant to a warrant later found to be invalid. [read post]
16 May 2011, 11:29 am by Christine Dowling
  "How 'secure' do our homes remain if police, armed with no warrant, can pound on doors at will and, on hearing sounds indicative of things moving, forcibly enter and search for evidence of unlawful activity? [read post]
16 May 2011, 8:41 am by Nathan
 It’s no different than if they’d put a guard on the apartment while a warrant was sought, and when the tenants realized it they started flushing away. [read post]
16 May 2011, 8:02 am by Emma Llanso
  But the universe of sites that are aware that some of their users are probably children includes every search engine, social networking site, and popular content-hosting site on the web. [read post]
16 May 2011, 7:52 am
Although “‘searches and seizures inside a home without a warrant are presumptively unreasonable,’” Brigham City v. [read post]
15 May 2011, 9:19 pm
App. 2010): The major thrust of the defendant's argument is that the Search and Seizure Clause in Article 1, Section 11 should be interpreted to require law enforcement to obtain prior express authorization from the judicial officer issuing the warrant if the grounds for bypassing the knock and announce procedure are based solely upon facts known when the warrant is sought. [read post]
9 May 2011, 10:32 am by John Richards
It may seem harsh when a court dismisses a case like this without allowing a trial on the facts alleged in the complaint; but when a complaint is based on unsupported conjecture and speculation, dismissing the case is warranted. [read post]