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Article • December 15, 2025 • from CLN January, 2026
Ninth Circuit Announces Abandonment Doctrine Applies to Cellphones but Courts Must Analyze Intent to Abandon Device Separately From Intent to Abandon Data by David Kim by David Kim The United States Court of Appeals for the Ninth Circuit held that while the abandonment doctrine applies to cellphones, courts must analyze …
Protecting Your Digital Privacy by Anthony Accurso by Anthony W. Accurso In an era of expanding government surveillance, protecting your digital privacy is more critical than ever. This article offers practical steps to safeguard your data from government and corporate surveillance. As digital threats evolve in 2025, with increasing use …
Michigan Supreme Court Announces Smell of Marijuana Alone Is No Longer Sufficient to Establish Probable Cause to Search Vehicle by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Michigan held that the smell of marijuana, by itself, does not establish probable cause to search a motor vehicle. In doing …
Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation by Douglas Ankney by Douglas Ankney   The Supreme Court of Delaware ruled that a warrant authorizing a search and seizure of …
Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator by Anthony Accurso by Anthony W. Accurso The Fourth Amendment to the U.S. Constitution guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable …
FBI Works to Expand Court Authority for Its Offensive Cyber Operations by Anthony Accurso by Anthony W. Accurso The FBI’s effort to disable an army of zombie computers being used for cyber-crime is pretty mediagenic, but it is the latest step in the DOJ’s plan to render jurisdictional limits on …
Article • January 15, 2024 • from CLN January, 2024
Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment by Douglas Ankney by Douglas Ankney The Supreme Court of Maryland (formerly the Court of Appeals) held that a defendant had …
CBP Promises Not to Buy Location Data – But Is It a Hollow Promise? by Michael Thompson by Michael Dean Thompson Global Positioning Satellite (“GPS”) systems began as a tool to help the American military prosecute wars. Among its many uses today is to help the American criminal justice system …
Article • June 15, 2023 • from CLN July, 2023
The Inevitability of Central Bank Digital Currencies and Their Threat to Human Rights by Anthony Accurso by Anthony Accurso Bitcoin is rapidly changing the way we function as individuals in a global and interconnected economy. Even though any individual person may not own or use it directly, it is reshaping …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Digital Devices
New Digital Warrants Undermine Fourth Amendment by Anthony Accurso by Anthony W. Accurso Two relatively new types of warrants are causing a stir among privacy advocates and defense attorneys who claim the warrants are overbroad and jeopardize the spirit of the Fourth Amendment’s protections. “Geofence” or “reverse” warrants involve police …
Article • August 20, 2021
EFF To Google: Stop Rolling Over For Law Enforcement 'Geofencing' by With a market capitalization as of August 2021 of over $1.8 trillion, Alphabet—the parent company of Google—is worth more than the annual economic output of all but nine countries. The firm, which unlocks the Internet to most U.S. users, …