Tag: search and seizure

February 19, 2016

FBI Recruits Apple to Help Unlock Your iPhone

It is a well-known maxim that “bad facts make bad law.”  And as anybody even casually browsing social media this week likely has seen, the incredibly tragic facts surrounding the San Bernadino attacks last December have led to a ruling that jeopardizes the privacy rights of all law-abiding Americans. First, it is important to clearly… Read More

August 19, 2015

Government Dismisses Its Case After Warrantless Airport Laptop Search

    The government has voluntarily dismissed its case against Jae Shik Kim, the South Korean businessman for whom Ifrah Law obtained a motion to suppress in federal court.  In 2012, Mr. Kim was stopped by federal agents as he tried to board a plane to South Korea from LAX.  The government seized his laptop… Read More

May 11, 2015

Laptops, Border Checks and The Fourth Amendment

Photo: “LAX-International-checkin” by TimBray at en.wikipedia.   Developments in law are sluggish compared to the rapid rate of technological advancement, and courts must constantly apply old legal principles to technologies which were not contemplated at the time the laws were enacted.   Recently, technology has been at the forefront of privacy rights debates, in light of… Read More

May 27, 2014

Mock Twitter Account Raid Results in Marijuana Arrest

Last month police raided the home of an Illinois man who created a parody Twitter account of his city’s mayor. No charges were brought against the man because the prosecutor determined that no crime had been committed, however the man’s roommate has been indicted for possession of marijuana that was found during the overzealous raid… Read More

October 8, 2013

Appeals Court: Forced Rectal Search of Suspect Violates 4th Amendment

In a recent opinion, the US Court of Appeals for the 6th Circuit addressed whether it was constitutionally reasonable for police to use a doctor – in this case, a doctor “who is known to conduct unconsented intrusive procedures when suspects are presented by the police” – to forcibly recover drugs from a man’s rectum…. Read More

September 13, 2013

FBI Hacking Into Electronic Devices: An Effective But Invasive Tool

Privacy and national security interests are notoriously tricky to balance.  Lean too far one way, and you lose an important tool in preventing and detecting crime; lean too far the other way, and you are depriving Americans of their liberty through persistent government intrusion and observation. This balancing act has been an especially hot topic… Read More

August 22, 2013

Circuit Split Brewing Over Government Access to Cell Phone Location Data

A split among the U.S. courts of appeals is taking shape over the threshold requirements for the government’s ability to obtain historical cell phone location data, in the wake of a July 30, 2013, ruling by the U.S. Court of Appeals for the Fifth Circuit. That court held that a U.S. district court must order… Read More

August 12, 2013

Federal Judge Rejects NYPD’s ‘Stop and Frisk’ Policies

In a decision issued today that could potentially change the way police operate in the Big Apple, U.S. District Judge Shira A. Scheindlin (S.D.N.Y.) ruled that, for years, New York City police officers have been systematically stopping innocent people in the street without any objective reason to suspect that they were engaged in any kind… Read More

May 24, 2013

A Legislative Solution to Prosecutors’ Tracking of Suspects Via Their Devices?

The U.S. Supreme Court’s decision in the landmark 1966 case of Miranda v. Arizona underlined the importance of the Fifth and Sixth Amendments and drew a line that law enforcement must not cross – all in the interest of protecting individuals’ constitutional rights. Unfortunately, however, the high court was not as clear regarding the level… Read More

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