Geofencing Warrants
WRAL has several stories up about geofencing warrants. One major article is here. It describes a search warrant obtained by the Raleigh Police Department in a murder case. The warrant […]
June 24, 2019
May Search Warrants for Cell Phones Include Connected Cloud Services?
While preparing to teach a recent class about search warrants for digital devices, I spoke with a number of experts in digital forensics. Each conversation was very helpful. Almost all […]
June 10, 2019
Delays in Obtaining Search Warrants for Digital Devices
There have been several recent cases regarding delays in obtaining search warrants for digital devices that have been lawfully seized. For example, in United States v. Pratt, 915 F.3d 266 […]
May 6, 2019
Update on Community Caretaking
The court of appeals just decided another case on the community caretaking doctrine. It’s the fourth published community caretaking case in the last five years, and there have been a […]
June 11, 2018
What Everyone Needs to Know about Knock and Talks
Knock and talks are a common, useful, and sometimes controversial law enforcement tool. I thought that I would put together a post that summarizes the principal legal issues that they […]
May 21, 2018
Supreme Court: Driver of Rental Car, Not Listed on Rental Agreement, Has Reasonable Expectation of Privacy
A week ago today, the Supreme Court of the United States resolved a circuit split and ruled that a person driving a rental car, but not listed on the rental […]
April 2, 2018
When Is a Residence Abandoned under the Fourth Amendment?
An officer normally needs a search warrant to search a residence, unless an exception to the warrant requirement applies. That’s because residences are protected by a reasonable expectation of privacy […]
February 26, 2018
Particularly Describing the Evidence to Be Seized under a Search Warrant
The Fourth Amendment states in part that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the […]
January 30, 2018
When a Person Commits a Crime, Is There Probable Cause to Search the Person’s Phone for Evidence?
The question in the title of this post is one that I’ve been asked lots of times in different factual contexts. The basic question is, given that most people have […]
December 13, 2017
Questions and Resources about Searches of Cloud Storage
If a law enforcement officer obtains a search warrant for a suspect’s cell phone, may the officer use the phone to access cloud storage to which it is linked? For […]
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- Maggie Bailey
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