By Mani Dabiri | Published September 20, 2019 | Posted in Civil Business Litigation and Investigations, Federal and State Criminal Defense, Government Subpoenas and Investigations, Post-Conviction Defense and Appeals, White-Collar and Regulatory Defense | Tagged Tags: assetforfeiture, billofrights, dueprocess, fifthamendment, fourthamendment, searchwarrants, theftlarcenyrobbery |
You Cannot Be Serious
The Fourth Amendment is supposed to protect your right to be secure against “unreasonable searches and seizures.” Those are the actual words of the text, which is why I put them in quotes. But earlier this month, the federal court of appeals that covers California and eight other states could not say whether it violated the Fourth Amendment Read More
Read MorePolice Need a Warrant for Your Cell-Phone Location Records
You can thank the Supreme Court for that. Last week, the nation’s high court ruled that police need a warrant to get your phone’s location records and map out your every move over time. The case reflects a growing consensus to protect these records, and it builds on a prior decision that said police can’t rummage through your phone just because Read More
Read MoreThe Microsoft-Ireland Case is Moot
We covered this before here and here. But the high-profile case of United States v. Microsoft Corporation is now over. The question was whether the government could force Microsoft to turn over data that it stored on servers in other countries. The problem was that federal law didn’t allow the government to do that, or at least Read More
Read MoreThe Right of Refusal in California DUI Cases
If you’re arrested for driving under the influence, and you’re asked to submit to a breath or blood test, remember that you still have a third choice. You can refuse to submit to such testing and face the consequences. What are those? You may lose your license for one-to-three years depending on your driving history; You’ll have to Read More
Read MoreThe Future of Face-Recognition Technology
Face it: the future is already here. And by default, your face is ever more likely to be found in a law-enforcement database. It’s as easy as getting a driver’s license. The facts are that face recognition is neither new nor rare, and more than one out of two American adults have already been loaded into a local, state, or federal database. That’s Read More
Read MoreMan Gets Indicted By His Pacemaker
Actually, the case was indicted by a grand jury in Ohio, which charged him with arson and insurance fraud. Apparently, the man called 911 as his home burned in the background. He said he was sleeping when the fire started and that, in a hurry, he packed a bunch of bags, broke a window with his cane, threw the Read More
Read MoreYou Won’t Ever Die From Boredom In a Police Raid
That’s the nice thing about it. But the same can’t be said for being rash or reckless, which is how some police departments are prone to execute their warrants. They may use SWAT teams as a default option for every search or arrest, and they may go in like gangbusters if they do. When they Read More
Read MoreEvery Man’s Evidence, Everywhere
They say the public has a right to every man’s evidence, but in a world full of digital evidence, what if it’s stored on servers in other countries? We wrote about this case two summers ago. Back then, the Microsoft Corporation had just defied a federal search warrant that demanded a subscriber’s emails and other data as part of a Read More
Read More“The Fourth Amendment … Is In Retreat”
That’s how a dissenting opinion ends in a major federal case that was decided on Tuesday. This is how it begins: “A customer buys a cell phone. She turns it on and puts it in her pocket.” And with that, according to the majority’s opinion, the customer has consented to create a record of everywhere she goes, a Read More
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