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?

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

Grey Area for Fourth Amendment Rights at the Border: Will the Recently Introduced “Protecting Data at the Border Act” Provide Sufficient Protection Against the Search of our Cell Phones?

Agents at the U.S. Border are searching cell phones without probable cause. New bill being discussed by Congress to implement controls to curb privacy violations.

Read More Grey Area for Fourth Amendment Rights at the Border: Will the Recently Introduced “Protecting Data at the Border Act” Provide Sufficient Protection Against the Search of our Cell Phones?