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Camreta v. Greene: Will The Supreme Court Reach An Important 4th Amendment Issue Concerning Questioning Witnesses?

By Jay Shapiro, Partner Katten Muchin Rosenman LLP "If the Supreme Court finds its way to one of the critical issues in Camreta v. Greene, 588 F.3d 1011 (9th Cir. Or. 2009) (Free unenhanced version of the opinion available from lexisONE Free Case law), it will have the opportunity to address a...

Camreta v. Greene: Will the Supreme Court Reach an Important Fourth Amendment Issue Concerning the Questioning of Witnesses?

By Jay Shapiro, Partner Katten Muchin Rosenman LLP "If the Supreme Court finds its way to one of the critical issues in Camreta v. Greene, 588 F.3d 1011 (9th Cir. Or. 2009) (Free unenhanced version of the opinion available from lexisONE Free Case law), it will have the opportunity to address...

Does Mistaken Use of Handgun Instead of Taser Constitute Excessive Force?

Police responded to loud music complaints at a residence, and at the scene, the arrestee was handcuffed and placed in the back of a police car. The arrestee fell asleep, but when he awoke, he started screaming and kicking the rear car door. One of the police officers opened the door, pulled out her weapon...

U.S. Supreme Court Hears Arguments On Immunity For Private Attorney Retained By Government

WASHINGTON, D.C. - (Mealey's) When a private attorney is temporarily retained by the government to work with or under government employees, that attorney is entitled to the same qualified immunity that government employees receive, the attorney representing Steve A. Filarsky told the U.S. Supreme...

Defining the Scope of the 4th Amendment in a Digital Era

In United States v. Jones [ enhanced version available to lexis.com subscribers ], the Supreme Court announced that a warrant is required to track a suspect by attaching a GPS device to the suspect's vehicle, even though the suspects' movements are public and could be fully discovered by simple...

CA10 Suppression Victory: USA v. De La Cruz [Unlawful Re-Entry]

"The circumstances at issue here, viewed objectively, suggested only that the driver was dropping off Armando to work at the truck wash, just an ordinary social interaction that occurs every day between family, friends and acquaintances. Here, it occurred a significant distance from the U.S. border...

9th Circuit Finds Border Search Of Laptop Did Not Violate 4th Amendment

PASADENA, Calif. - (Mealey's) The search of a man's laptop computer by Customs and Border Protection (CBP) officials that occurred 170 miles from the border did not constitute an "extended border search" and did not violate his rights under the Fourth Amendment to the U.S. Constitution...

Customs and Border Protection Search Did Not Violate 4th Amendment, 9th Circuit Rules

PASADENA, Calif. - (Mealey's) The search of a man's laptop computer by Customs and Border Protection (CBP) officials that occurred 170 miles from the border did not constitute an "extended border search" and did not violate his rights under the Fourth Amendment to the U.S. Constitution...

BIA (unpub.) on Egregious 4th Amendment Violation: CBP 'Smelled' Undocumented Aliens in Car

Enrique Soto-Garcia, A087 534 842 (BIA May 7, 2013) - "In this unpublished decision, the Board of Immigration Appeals (BIA) upheld an immigration judge's finding that Border Patrol agents committed an egregious Fourth Amendment violation when they pulled over the car in which the respondent...

What You Need to Know About NSA Mass Telephone Call Tracking

By David Bender The flood of recent articles disclosing that the National Security Agency has engaged in a massive acquisition of information concerning the telephone communications of millions of Americans has shocked many. While sensationalizing this acquisition, most articles avoid discussing whether...

New Jersey Supreme Court: Cell Phone Users Have Privacy Interest In Cell Phone Location Information

The New Jersey Supreme Court has ruled that police cannot access the location information revealed by your cell phone without first acquiring a warrant based on probable cause. In State v. Earls , [ enhanced version available to lexis.com subscribers ], police were investigating a string of burglaries...

Jay Shapiro on Missouri v. McNeely and the Warrant Requirement in Drunk Driving Cases

The fact pattern is familiar to many criminal defense attorneys: the client is arrested, suspected of driving while intoxicated. The driver refuses to participate in a breathalyzer test and is not willing to voluntarily provide a blood sample. Then, without first obtaining a warrant authorizing the procedure...

BIA on Egregious 4th Amendment Violation: Matter of Ixpec-Chitay (Unpub.)

"In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the suppression of evidence obtained by ICE officers who, during an early morning home raid, entered the respondent's home through windows without a search warrant or consent, hit the respondent on the head with a flashlight...

Policing the Immigration Police: ICE Prosecutorial Discretion and the Fourth Amendment

"A persistent puzzle in immigration law is how the removal adjudication system should respond to the increasing prevalence of violations of noncitizens’ constitutional rights by arresting officers. Scholarship in this area has focused on judicial suppression of unconstitutionally obtained...

The Fourth Amendment Prohibits Carte Blanche Review of Email Accounts by the Government

Those office employees who have rolled the dice and sent emails clearly not suitable for work would be glad to know that their email accounts are protected from government intrusion by the Fourth Amendment [ enhanced version available to lexis.com subscribers ]. United States v. Warshak , 631 F.3d 266...

search warrant and gavel

Supreme Court: Police Can’t Search Cell Phones Without Warrant

WASHINGTON, D.C. — (Mealey’s) The police generally may not, without a warrant, search digital information on a cell phone seized from a person who has been arrested, the U.S. Supreme Court found today, ruling on two cases consolidated on appeal ( David Leon Riley v. State of California ,...

Supreme Court Prohibits Warrantless Cell Phone Searches Incident to Arrest: While the Fourth Amendment Remains Invariant, Technology Alters the Facts and Legal Conclusions

By David Bender The reduced expectations of privacy caused by an arrest do not mean the Fourth Amendment, [ enhanced version available to lexis.com subscribers ], no longer applies. The United States argued that a search of all data stored on a cell phone is materially indistinguishable from searches...

Jay Shapiro on Riley v. California and United States v. Wurie: Supreme Court Determines Legality of Cell Phone Searches Incident to Arrest

In Riley v. California and United States v. Wurie, ( David Leon Riley v. State of California , No. 13-132, United States v. Brima Wurie , No. 13-212, U.S. Sup.; 2014 U.S. LEXIS 4497) [lexis.com subscribers may access Supreme Court briefs and the opinion for this case], the US Supreme Court has issued...

Roving Stop Suppression Victory in Texas: USA v. Canales-Rosales

"A traffic stop that snared a human smuggler was illegal because it was more than 50 miles from the U.S.-Mexico border, a federal judge ruled ." - CNS, Nov. 17, 2014 .

Unpub. BIA 4th Am. Violation Remand: Matter of Espana

"In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie evidence of an egregious Fourth Amendment violation. The Board noted that ICE...

Jay Shapiro on Rodriguez v. United States: The Supreme Court Hears Oral Argument on the Reasonableness of a Traffic Stop Extended for a Canine Sniff

Rodriguez v. United States presents an important issue concerning permissible police conduct during a traffic stop, particularly: after a law enforcement officer has completed a traffic infraction stop, does the continued detention of the driver to conduct a dog sniff, without probable cause or reasonable...

Unpub. BIA 4th Amendment Violation Remand: Matter of Espana

Ben Winograd at IRAC writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie evidence of an egregious Fourth Amendment violation...

Second Circuit Finds NSA’s Bulk Metadata Program Not Authorized by Patriot Act

NEW YORK — (Mealey’s) A Second Circuit U.S. Court of Appeals panel today found that the National Security Agency’s bulk telephone metadata collection program is not authorized by Section 215 of the USA Patriot Act, reversing a trial court’s dismissal of the lawsuit brought by...

Border Exit Laptop Search Tossed: USA v. Kim

"The government points to its plenary authority to conduct warrantless searches at the border. It posits that a laptop computer is simply a “container” that was examined pursuant to this authority, and it submits that the government’s unfettered right to search cargo at the border...