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Cops violated Fourth Amendment in warrantless search of digital camera

Schlossberg v. Solesbee, 2012 WL 141741 (D.Or. January 18, 2012) Plaintiff was being questioned by defendant police officer when defendant noticed plaintiff was using a digital camera to capture the...

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Supreme Court: GPS device attached to car was an unconstitutional search

U.S. v. Jones, 565 U.S. ___ (2012) Decision looks to 18th century sensibilities on the sanctity of personal property to resolve modern day legal problem occasioned by technology. Today the Supreme...

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On the radio: Mobile devices and the Fourth Amendment

I was honored to be a guest on this morning’s episode of Oregon Public Broadcasting’s show Listen Out Loud, talking with host Dave Miller about the recent case of Schlossberg v. Solesbee. Listen to the...

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No Fourth Amendment violation when government looked at Facebook profile...

U.S. v. Meregildon, — F.Supp.2d —, 2012 WL 3264501 (S.D.N.Y. August 10, 2012) The government suspected defendant was involved in illegal gang activity and secured the assistance of a cooperating...

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No privacy interest in photo metadata

A digital photo’s EXIF data can reveal where the photo was taken. This has created some interesting scenarios in the past. Consider Vice.com’s inadvertent revealing of John McAfee’s location in Central...

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Massachusetts supreme court says cops should have gotten warrant before...

Court takes a “different approach” with respect to one’s expectation of privacy After defendant’s girlfriend was murdered in 2004, the police got a “D order” (an order authorized under 18 U.S.C....

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No privacy violation for disclosing information otherwise available on...

Plaintiff sued several defendants related to her past work as a government employee. She sought to amend her pleadings to add claims for violation of the Fourth Amendment and the federal Stored...

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