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Article • September 20, 2010 • from P&J April, 2008
In Re: Application of U.S. for an Order Directing a Provider of Electronic Communication Service to Disclose Records to the Government, No. 08-4227 (3rd Cir.) (620 F.3d 304) (September 7, 2010) (Judge Dolores K. Sloviter) by Here the Third Circuit became the first Cicruit court to hold that cell phone …
Article • June 28, 2010 • from P&J June, 2010
City of Ontario v. Quon, No. 08-1332 (U.S. Supreme Court) (560 U.S. 746; 130 S.Ct. 2619) (June 17, 2010) (Justice Kennedy) by Here the Court unanimously held that a California police department did not violate the constitutional privacy rights of a police officer when it audited his sexually explicit text …
Article • April 1, 2008 • from P&J April, 2008
In Re U.S. For Order Dir. A Prov. Of Elec. Commun., No. 07-524M (W.D.Pa.) (534 F.Supp.2d 585) (February 19, 2008) (Judge Magistrate) by Here the judges wrote to express their “concern” about the Government’s growing practice of seeking ex parte orders for access to subscriber records from telecoms based on …
Article • August 1, 2006 • from P&J August, 2006
U.S. v. Adjani, No. 05-50092 (9th Cir.) (452 F.3d 1140) (July 11, 2006) (Judge Raymond C. Fisher) by The Government sought review of an order from the United States District Court for the Central District of California, which granted a motion filed by defendant and codefendant to suppress their e-mail …
Article • July 1, 2006 • from P&J July, 2006
U.S. v. Hill, No. 05-50219 (9th Cir.) (459 F.3d 966) (August 11, 2006) (Judge Raymond C. Fisher) by Prof. Orin S. Kerr alerted us to this child-pornography/computer-search ruling which, he stated, has “created a new constitutional rule for the execution of computer searches. In a recent posting on his Blog …
Article • March 1, 2004 • from P&J March, 2004
U.S. v. Greathouse, No. CR No. 02-476 (D.Or.) (297 F.Supp.2d 1264) (October 20, 2003) (Judge Garr M. King) by
Article • September 1, 2003 • from P&J September, 2003
U.S. v. Jarrett, No. 02-4953 (4th Cir.) (338 F.3d 339) (July 29, 2003) (Judge Diana Gribbon Motz) by Here the Court reversed a suppression order that had been granted, holding that an anonymous hacker who gained access to the defendant's computer and gave evidence to the FBI was not acting …
Article • August 1, 2003 • from P&J August, 2003
U.S. v. Irving, No. 03 Crim. 0633 (LAK) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 16111) (September 15, 2003) (Judge Lewis A. Kaplan) by The defendant in this case, Stefan Irving, an American citizen who was a convicted pedophile, was one of several persons suspected of traveling to Mexico for the purpose …
Article • December 1, 2002 • from P&J December, 2002
U.S. v. Bach, No. 02-1238 (8th Cir.) (310 F.3d 1063) (November 18, 2002) (Judge C. Arlen Beam) by The district court erred in suppressing e-mails seized by Yahoo! technicians from the company's California-based servers because even though the search violated the provisions of 18 USC § 3105, the search was …
Article • November 1, 2002 • from P&J November, 2002
U.S. v. Triumph Capital Group, Inc., No. 3:00CR217 (EBB) (D.Conn.) (2002 U.S. Dist. LEXIS 21615) (November 4, 2002) (Judge Alan H. Nevas) by This is the first case we have seen that offers a detailed analysis of the Fourth Amendment implications of Government searches of seized computers - a topic …
Article • October 1, 1999 • from P&J October, 1999
U.S. v. Hambrick, No. CRIM. A. 98-0042-C (W.D.Va.) (55 F.Supp.2d 504) (July 7, 1999) (Judge James H. Jr. Michael) by It often seems that, with each new technological advance that society makes, and with each new political imperative the Government adopts, the Fourth Amendment’s mandate that searches require probable cause …