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26 Apr 2017, 2:06 pm
As John Elwood noted recently at SCOTUSblog, the Supreme Court has relisted a set of pending cert petitions on whether the Fourth Amendment protects historical cell-site data. [read post]
20 Jan 2015, 11:25 pm
A few weeks ago, Virginia Delegate Rich Anderson (R) and Senator Richard Stuart (R) introduced an amendment in the Virginia General Assembly, HJR 578, which would amend the Virginia constitution by replacing the state equivalent of the Fourth Amendment with an all new version designed to be an ‘update’ for the 21st century. [read post]
10 Feb 2015, 9:43 pm
In an earlier post, co-blogger David Post pointed to a state trial court ruling in Montana, for which he was an expert for the defense, which concluded that the government needs a warrant under the Fourth Amendment and/or the Montana Constitution for a police officer to go undercover on Facebook as a teenage girl, “friend” a target, and have conversations with that target. [read post]
16 Apr 2014, 6:16 am
In my most recent post on the pending cell-phone search cases, United States v. [read post]
26 Jun 2014, 11:47 am
In his post below, co-blogger Ilya Somin suggests that “President Obama” brought unanimity to the Supreme Court by making such an “extreme” argument in the cell phone case that it caused a 9-0 loss. [read post]
5 Feb 2014, 5:19 am
On Tuesday, the Fourth Circuit affirmed the terrorism convictions of three individuals who plotted to attack the U.S. [read post]
30 Dec 2015, 1:21 pm
Radley Balko is getting a lot of attention for his provocative post “Federal judge: Drinking tea, shopping at a gardening store is probable cause for a SWAT raid on your home. [read post]
11 Feb 2015, 10:24 pm
Last week, the Third Circuit decided a case interpreting the meaning of “authorization” under the Computer Fraud and Abuse Act, 18 U.S.C. 1030. [read post]
29 Aug 2016, 10:05 am
The U.S. [read post]
9 Oct 2023, 2:42 pm
[The Tenth Circuit says "yes," but I think the answer is "no. [read post]
6 Jul 2018, 12:34 pm
The Supreme Court's recent decision in Carpenter v. [read post]
14 Jan 2015, 1:10 am
As part of the State of the Union rollout, President Obama has announced several new legislative proposals involving cybersecurity. [read post]
1 Jul 2019, 8:23 pm
Last week, in Mitchell v. [read post]
15 May 2014, 2:43 pm
In our post-Snowden world, lots of folks have floated proposals to amend the Foreign Intelligence Surveillance Act (FISA). [read post]
16 Oct 2016, 12:29 pm
I’ve blogged twice before about whether it is a Fourth Amendment search for the government to scan the magnetic stripe of a seized credit card. [read post]
20 May 2015, 12:19 pm
The Sixth Circuit handed down a new decision on computer search and seizure that may be the next computer search issue to make it to the Supreme Court. [read post]
8 Feb 2016, 1:15 pm
The U.S. [read post]
25 Nov 2016, 11:55 am
Hillary Clinton at a Children’s Defense Fund event on Nov. 16. [read post]
30 Jul 2019, 1:52 am
[Something for incoming 1Ls, and for others interested in studying law.] [read post]
16 Oct 2014, 9:30 am
The decision is Tracey v. [read post]