Tag: search and seizure
Court to Rule on Exceptions to Warrant Requirement for GPS Tracking
The U.S. Court of Appeals for the 3rd Circuit is set to become the first federal appellate court to answer the question left open by the Supreme Court in United States v. Jones. Last year, the Court held in Jones that a Fourth Amendment “search” occurs, and a warrant is required, when a GPS tracking… Read More
Court: Data on Unsecured Network May Qualify for 4th Amendment Protection
The vast increase in the use of wireless data networks has led to new legal issues regarding network users’ right to privacy. A recent opinion issued by the U.S. District Court for the District of Oregon indicates that, under some circumstances, individuals on an unsecured wireless network have a reasonable expectation of privacy entitling them… Read More
Domain Name Seizure – It’s Not Just a U.S. Law Enforcement Tactic
We have previously reported in this space about the use of domain name seizures by American law enforcement – for example, here and here. Recent media reports show that domain name seizure has become the go-to tactic for law enforcement for other countries as well. Canadian police made a series of arrests during an invitation-only… Read More
Bill Could Put Reins on Prosecutors’ Efforts to Seize Domain Names
Rep. Zoe Lofgren (D-Calif), a senior member of the House Judiciary Committee, has indicated that she is drafting legislation that would seek to increase judicial oversight over prosecutors’ efforts to act against Internet domain names accused of copyright infringement. While the value of such legislation will depend on the details of the bill, the notion… Read More
After Gupta’s Conviction, What’s Next For Insider Trading Law?
Yet another shoe has dropped in the long-running investigation and the series of prosecutions arising from allegations of insider trading in the stocks of Goldman Sachs and other companies. In May 2011, Raj Rajaratnam was convicted of insider trading and ultimately sentenced to 11 years in prison. On June 15, 2012, Rajat Gupta, a former… Read More
FBI Raid Targets For-Profit School in Florida: Was This Necessary?
When you hear of FBI agents descending upon a place, you might think of a hostage situation, a drug raid, or the penetration of a terrorist cell. But you probably wouldn’t assume that those armed agents were working with the U.S. Department of Education on a raid on a Florida for-profit college. FBI agents raided… Read More
An Interview With Jeff Ifrah of Ifrah Law
On April 15, 2012, the White Collar Crime Prof Blog ran an interview with Jeff Ifrah, founding partner of Ifrah Law. Here is the text of the interview, which can also be found here. Q: Why did you start the blog? A: We wanted to share our analysis of breaking news in the… Read More
High Court: Police Tracking of Suspect Via GPS Requires Warrant
Last November, we discussed the U.S. Supreme Court’s oral argument in United States v. Jones, which posed the question of whether police need to obtain a warrant before attaching a GPS device to a suspect’s vehicle during a criminal investigation. We noted that in this case, 21st-century technology had come face to face with the… Read More
Ifrah Law Blog Wrap-Up for November 2011
In November 2011, we at Ifrah Law expressed our views on a number of current issues in our blogs, Crime in the Suites and FTC Beat. This post summarizes and wraps up our thoughts from the month. ACLU Wins FOIA Appeal on Prosecutors’ Use of Cell Phone Location Data The Justice Department must turn… Read More
High Court Hears Argument in GPS Fourth Amendment Case
In August 2010, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit ruled that if police wish to attach a GPS device to a criminal suspect’s car without a warrant, they first need to go to a judge and obtain a warrant based on probable cause. The act of attaching such… Read More
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