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March 20th, 2013
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 preventing the entry of unwanted persons and effects is at ...
November 28th, 2011
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 Jones’ movements in his vehicle. While the Court has not ...
March 15th, 2011
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 issue is a matter of first impression in California. An ...
February 22nd, 2011
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 arrest. The facts of this case are as follows: Diaz ...
November 4th, 2010
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 of federal authorities monitoring a citizen using a GPS tracking ...