Judge: UC Illegally Searched Journalist's Camera

BERKELEY, Calif. - (AP) A judge has ruled that the University of California police illegally searched the camera of a photojournalist covering a protest outside the chancellor's campus home, attorneys said Monday. Alameda County Superior Judge Yolanda Northridge on Friday invalidated the search...

Michele L. Berry on United States v. Maynard and GPS Surveillance: Prolonged Surveillance Equates a Search under the Fourth Amendment

By Michele L. Berry “In United States v. Maynard , 615 F.3d 544 (D.C. Cir. 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] the D.C. Circuit Court of Appeals conducted a Fourth Amendment review of the use of a GPS monitoring...

Split U.S. High Court Grants Officers Immunity In Defective Warrant Lawsuit

WASHINGTON, D.C. - (Mealey's) Police officers who executed a search warrant that was later found to be defective are nonetheless entitled to qualified immunity in a lawsuit filed by the individuals who were the subject of the search, a split U.S. Supreme Court ruled Feb. 22 ( Curt Messerschmidt,...

Federal: Postal Employee’s IIED Action Re: SWAT Team’s Search Warrant “Invasion” of Residence May Proceed

A federal district court, sitting in California, recently refused to grant the federal government’s motion for summary judgment in an intentional infliction of emotional distress action (among other claims) filed against it by a postal service employee who claimed that heavily-armed U.S. Postal...

State Net Criminal Law Update: Washington Governor Inslee Shoots Down Drone Bill

INSLEE SHOOTS DOWN WA DRONE BILL: Saying it did not go far enough to protect citizens' privacy, Washington Gov. Jay Inslee (D) vetoed a measure last week (HB 2789) [ enhanced version available to lexis.com subscribers ], that would have imposed strict limits on the use of drone aircraft in the Evergreen...

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 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...