Category: Search and Seizure

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Courts Continue to Grapple with Border Searches of Electronic Devices: Fourth Circuit Rules Forensic Searches Require Individualized Suspicion

On May 9, 2018, the Fourth Circuit Court of Appeals issued an opinion in United States v. Kolsuz, holding that the Fourth Amendment requires individualized suspicion for forensic searches of cell phones seized at the border. In so holding, the Fourth Circuit provides important clarification about how the Fourth Amendment applies to border searches of … Continue Reading

Government Investigations in the Wake of Data Breaches

Recent high profile cyberattacks and data breaches like those suffered by Sony Pictures Entertainment and Target Corporation have prompted many companies to begin reevaluating their own vulnerabilities.  Target’s 2013 data breach alone resulted in more than 80 lawsuits and investigations by state and federal agencies, including State Attorneys General, the Federal Trade Commission and the … Continue Reading

Holder Takes “First Step” in Comprehensive Review of Federal Asset Forfeiture Program

Last month, Attorney General Eric Holder took an important first step towards reforming the DOJ’s federal Asset Forfeiture Program.  Under the program, state or local law enforcement authorities may ask federal agencies to take or “adopt” assets that have been seized under state law.  Federal agencies then sell the assets and return a significant portion … Continue Reading

Expanded warrants to let DOJ remotely search and seize electronically stored information saved anywhere?

The U.S. Judicial Conference recently received public comments on proposed amendments to Federal Rule of Criminal Procedure 41 (the “Rule”), which would enlarge DOJ’s ability to remotely access, search, and seize electronically stored information (“ESI”).  Under the current Rule, a magistrate judge’s authority to issue warrants is limited to persons or property located within the … Continue Reading
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