Tag: Fourth Amendment

Fourth Amendment Protection: How Technological Advancements Warrant More Judicial Oversight

By: Andrew Cammarano The Fourth Amendment states that the people have the right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,” aimed to protect citizens from warrantless searches. Obviously, technology has changed drastically from the ratification of this amendment in 1789 with the introduction… Read More Fourth Amendment Protection: How Technological Advancements Warrant More Judicial Oversight

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Apple’s New Fertility Tracking Feature Presents New Privacy Concerns Under Dobbs

By: Alexandra Evarts Apple, Inc. launched its newest Apple Watch, the Apple Watch Series 8, at its annual iPhone conference in September.  Using the Apple Watch Series 8, users will now be able to track their fertility through wrist temperature data.  With the launch of this new fertility tracking feature coming just a few months… Read More Apple’s New Fertility Tracking Feature Presents New Privacy Concerns Under Dobbs

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Geofence Warrants: Investigatory Tool or Constitutional Violation?

By: Alex Crowley “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to… Read More Geofence Warrants: Investigatory Tool or Constitutional Violation?

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Digital Contact Tracing and its Privacy Implications: Is Artificial Intelligence Crucial to Our Health Care System?

Until a vaccine becomes available, primary ways of preventing the transmission of COVID-19 include interventions such as contact tracing. The scale and speed needed for such tracing are unprecedented, and technology companies have worked quickly to collaborate with various public health experts to develop tools, such as smartphone apps, that aid in COVID-19 response efforts. Many of these technologies present numerous risks and concerns, such as how data is gathered and used, as well as how to integrate these tools into the public health infrastructure. The success of these technologies and their associated risks heavily depend on public support and trust in these companies and the government that privacy rights and protections under the Fourth Amendment will be preserved.… Read More Digital Contact Tracing and its Privacy Implications: Is Artificial Intelligence Crucial to Our Health Care System?

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Big Brother’s Listening

The widespread use of cellphones has led to the development of new law enforcement technology. StingRay technology can now pinpoint the location of a specific individual’s cellphone by mimicking a cell tower and “sweeping-up” data from all cellphones within its range. However, this means law enforcement may potentially be gathering information from thousands of private citizens’ cellphones without their knowledge or consent. Should the use of these devices require a warrant? Are they even considered a search? What are the Fourth Amendment implications of using StingRay technology? … Read More Big Brother’s Listening

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Fourth Amendment Doctrine Due For An Upgrade

In recent decades, courts have struggled to apply Fourth Amendment protections to new technologies. With increased communication over the phone, some information held by telephone providers was subject to the “third party doctrine.” The proliferation of smartphones, however, has led to more and more data and information being held by these third parties, and the judiciary may be forced to adjust the Fourth Amendment Doctrine to account for such changes. Carpenter v. United States provides the Supreme Court with that chance. … Read More Fourth Amendment Doctrine Due For An Upgrade

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Where Have You Been for the Past 127 Days? SCOTUS to Decide on Warrantless Search of Cell Phone Locations in Carpenter v. United States

In October, the Supreme Court will decide whether the warrantless search of historical cellphone records revealing the location and movements of a cell phone user over the course of 127 days is permitted by the Fourth Amendment. After Riley v. California in 2014, the Fourth Amendment requires a warrant to search the contents of a cell phone. Carpenter v. United States will take this analysis a step further to decide whether the FBI needed a warrant based on probable cause to obtain transactional records, such as dates, times and locations where calls were made, from Carpenter’s provider under the “third-party doctrine.” … Read More Where Have You Been for the Past 127 Days? SCOTUS to Decide on Warrantless Search of Cell Phone Locations in Carpenter v. United States

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Please Don’t Tag Me! Instagram for Doctors: #SpecificSymptoms, #RareDisease, #PatientConfidentiality, #PatientPrivacyRightsViolated

POSTED BY Cherie M. Ching   New informational sharing apps allow medical professionals to post photos and share comments regarding their patient’s medical conditions, similar to the components of the Instagram app.  Although these apps may provide a higher degree of efficient and effective services to medical patients, issues of breach of privacy rights and… Read More Please Don’t Tag Me! Instagram for Doctors: #SpecificSymptoms, #RareDisease, #PatientConfidentiality, #PatientPrivacyRightsViolated

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Should Law Enforcement Officers be Allowed to Conduct a Warrantless Search of the Contents of a Cell Phone Seized Incident to the Lawful Arrest of a Criminal Suspect?

POSTED BY Caroline Carollo Although we are living in the age of technology, there are still many unanswered questions as to how certain forms of technology fit within the legal world. Specifically, there is not a clear answer as to whether Fourth Amendment protections apply to one’s personal technology devices, such as cell phones and… Read More Should Law Enforcement Officers be Allowed to Conduct a Warrantless Search of the Contents of a Cell Phone Seized Incident to the Lawful Arrest of a Criminal Suspect?

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Use of Facial Recognition Software Raises Privacy Concerns

POSTED BY Michael Yacubian Anyone remember that movie where Tom Cruise saves the world from the overbearing police state? No, not Cocktail. I’m talking about Minority Report, the one where he stops future crimes from happening by using “precognition”. Well, potential human psychic abilities aside, in the movie, after The Cruise ends up on the… Read More Use of Facial Recognition Software Raises Privacy Concerns

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