The Electronic Frontier Foundation (EFF) along with Google and numerous other public interest organizations and Internet industry associations joined with Yahoo! in asking a federal court Tuesday to block a government attempt to access the contents of a Yahoo! email account without a search warrant based on probable cause. The Department of Justice is seeking…
Category: Court
Some Thoughts on the Reply Brief in City of Ontario v. Quon
Orin Kerr writes: The Reply Brief in the Court’s only major Fourth Amendment case this term, the text-messaging case City of Ontario v. Quon, has now been filed and is available here. Here are a few thoughts on it. (1) The parties focus significant attention on the Stored Communications Act, somewhat to my surprise. The Stored…
Where is the Fourth Amendment docket?
Orin Kerr writes: Next Monday, the Court will hear oral argument in City of Ontario v. Quon, a Fourth Amendment case on employee rights in text messages. Notably, Quon is one of only two Fourth Amendment cases to be decided this Term. And the other Fourth Amendment case, Michigan v. Fisher, was at best…
Is a Shoebox Like a Suitcase?
Jonathan H. Adler writes: This morning the U.S. Court of Appeals for the Sixth Circuit issued an opinion in United States v. Taylor, affirming the district court’s suppression of evidence (a handgun and ammunition) found in a shoebox. Judge Gilman wrote the opinion for the court, joined by Judge Daughtrey. Judge Kethledge dissented. His dissenting…