Topic Archives: 4th Amendment

U.S. v. Cotterman: Ninth Circuit Holds Reasonable Suspicion Required for Forensic Laptop Search at the Border

The Fourth Amendment generally requires that government searches must be reasonable, which typically can be satisfied via a warrant. Searches at the border, however, traditionally occupy a special status in connection with U.S. Fourth Amendment law. Recognizing that “the government’s interest in … Continue reading

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GPS Tracking: United States v. Jones

Overview On November 8, 2011, the United States Supreme Court heard oral arguments in United States v. Jones, a case involving the warrantless placement of a GPS device on Antoine Jones’ vehicle by law enforcement and the subsequent tracking of … Continue reading

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People v. Xinos: A Privacy Right in Vehicle Data

A California Privacy Right in Vehicle Data In People v. Xinos, 192 Cal. App. 4th 637 (2011) (PDF), the California Sixth District Court of Appeal ruled on a person’s privacy right in his vehicle’s sensing and diagnostic module (SDM) data. This … Continue reading

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People v. Diaz: Is Your iPhone Constitutionally Protected?

This January in People v. Diaz (PDF), the Supreme Court of California affirmed the Court of Appeals decision that a warrantless search of the text message folder on an arrested person’s phone was valid as incident to a lawful custodial … Continue reading

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Privacy Expectations in the Use of GPS Tracking Devices: United States v. Maynard

Privacy Expectations in the Use of GPS Tracking Devices: United States v. Maynard, No. 1:05-cr-00386-ESH-10 (Aug. 6, 2010) The recent D.C. Circuit Court decision United States v. Maynard (PDF) is one in a series of Circuit Court decisions addressing the legality … Continue reading

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