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Category Archives: Searches & Seizures

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Riley v. California – Accessing Cellphones of Citizens Under Arrest Requires a Warrant

Posted in Searches & Seizures

Last week, the U.S. Supreme Court unanimously held, in Riley v. California, that law enforcement officers must get a warrant before searching cellular or wireless telephones seized from persons under arrest. Riley actually involved two cases. In the first, David Riley was stopped by police for an expired tag. The officer discovered Riley’s license had… Continue Reading

Supreme Court to Hear Arrestee Cellphone Search and Seizure Cases

Posted in Searches & Seizures

While searches and seizures typically require a warrant under the Fourth Amendment to the Constitution, when a person is arrested, the rule has long been that  ”a police officer who makes a lawful arrest may conduct a warrantless search of the arrestee’s person and the area ‘within his immediate control.’” Davis v. U.S., 131 S.Ct. 2419,… Continue Reading

Acquitted Hutaree Militia Members File Suit Against FBI, FBI Agents and State Officers

Posted in Acquittal, Governmental Misconduct, Searches & Seizures

As set forth in the Chicago Sun-Times, Thomas Piatek, Michael Meeks, and others who, as we noted, were acquitted a year ago in the prosecution of the “Hutaree” militia for conspiring to commit acts of terrorism, filed suit last month against the FBI, FBI agents and Michigan State police officers. The plaintiffs’ suit alleges that… Continue Reading

SUPREME COURT HOLDS VEHICLE GPS TRACKING CONSTITUTES A SEARCH

Posted in Searches & Seizures

We have mentioned the case of U.S. v. Jones which was pending before the United States Supreme Court, and  the issue of whether placement of a gobal positioning satellite (GPS)  device on a vehicle by law enforcement constitutes a search. Late last month, the Court issued an opinion holding that the government’s installation of a GPS device on a… Continue Reading

U.S. Supreme Court to Hear Arguments in Warrantless GPS Surveillance and Tracking Case on November 8

Posted in Searches & Seizures

The U.S. Supreme Court’s 2011-2012 term begins on Monday. Among several issues prominent in the public eye at the moment–i.e. healthcare, immigration–the Court will hear argument on warrantless surveillance. According to a press release yesterday by the National Association of Criminal Defense Lawyers (NACDL), on November 8, 2011, the Court will hear arguments in United States… Continue Reading

Ninth Circuit Upholds “Border” Searches of Electronic Devices Hundreds of Miles from Border

Posted in Searches & Seizures

The Ninth Circuit Court of Appeals last week issued an opinion holding that Customs agents may seize electronic storage devices, including computers, hard drives, USB sticks, smart phones and digital cameras carried at the U.S. border and search the devices either at the port of entry or at an off-site forensic laboratory under the border… Continue Reading

DOJ Publishes Reference for Search and Seizure of Electronic Evidence

Posted in Searches & Seizures

A large portion of government searches and seizures today involve the seizure and search of electronic media and information. The manner in which such searches and seizures of electronic media and information are conducted can become critically important afterwards if criminal proceedings are instituted. Well on Tuesday, the U.S. Department of Justice’s Office of Justice… Continue Reading

Eleventh Circuit/Georgia Federal Authority: Standing to Challenge Non-Administrative Searches and Seizures on Commercial Property

Posted in Searches & Seizures

  In criminal cases involving non-administrative searches and seizures on corporate or commercial property, defense practitioners who represent officers or employees of the corporation will sometimes face the contention by the government that the officer or employee does not possess standing to challenge the search and seizure. Following is an analysis of Eleventh Circuit Court… Continue Reading