Ellen Nakashima reports: Criminal defense lawyers, press photographers and a university student are challenging the Obama administration’s search policy permitting officers at U.S. borders to detain travelers’ laptop computers and examine their contents even without suspecting the traveler of wrongdoing. In a federal lawsuit to be filed Tuesday in the Eastern District of New York,…
Tag: Fourth Amendment
Sharp Dissents in Police GPS Tracking Decision
Elizabeth Banicki reports: In one of two sharp dissents from the 9th Circuit’s decision not to rehear the case of a man tracked by police with GPS, Chief Judge Alex Kozinski cautioned that if courts refuse to protect the right to privacy, “Some day, soon, we may wake up and find we’re living in Oceania.”…
Applying the Fourth Amendment to the Internet: A General Approach
A new article by Orin Kerr to add to my must-read list: Applying the Fourth Amendment to the Internet: A General Approach, 62 Stan. L. Rev. 1005 (2010). The Abstract: This Article offers a general framework for applying the Fourth Amendment to the Internet. It assumes that courts will seek a technology-neutral translation of Fourth…
Editorial: Cellphone Searches
The New York Times has an editorial in today’s paper that begins: The Ohio Supreme Court has struck an important blow for privacy rights, ruling that the police need a warrant to search a cellphone. The court rightly recognized that cellphones today are a lot more than just telephones, that they hold a wealth of…