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Article • October 1, 2024 • from CLN October, 2024
Fifth Circuit Announces Geofence Warrants Are Unconstitutional ‘Modern-Day General Warrants’ by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Fifth Circuit held that geofence warrants violate the Fourth Amendment because they constitute a “general warrant.” However, the evidence acquired in the case as a result of …
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 • December 15, 2023 • from CLN December, 2023
Use of Forensic Genetic Genealogy Searches to Identify Suspects Needs Regulation and Can Be Challenged by Matthew Clarke by Matthew Clarke Ever since it was used to identify the Golden Gate Killer in 2018, Forensic Genetic Genealogy (“FGG”) has been accepted by law enforcement as a tool for identifying unknown …
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 • July 15, 2022 • from CLN August, 2022
FBI’s ‘Rich Neighborhood’ Breach Practice by Jayson Hawkins by Jayson Hawkins A judge hearing oral arguments in an insurance fraud appeal on April 7, 2022, stopped the proceedings when she discovered a “deeply troubling” item in the record: when serving a search warrant in a rich Washington, D.C. neighborhood, the …
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, …