Tag Archives: search and seizure


Texas at Forefront of Email Privacy Laws

Texas residents can sleep a little more soundly at night knowing that state law enforcement agents aren’t trolling through their email without a warrant. Gov. Rick Perry signed a bill last month mandating that police show probable cause before snooping into a Yahoo or Hotmail account. It sounds like a no-brainer, but Texas is actually the first and only state so far to enact such a measure. The federal government lags behind in passing technology laws that actually comply with …

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State Can Secretly Track Employees Using GPS

The New York Court of Appeals on June 27 held that while the state’s round-the-clock surveillance of an employee, via a GPS device attached to his car, was unreasonable, using GPS to track employees during business hours is perfectly legit. Ironically, the employee, Michael Cunningham, was a director at the state Department of Labor.   Fun on the Side Cunningham had been working at the DOL for 28 years, according to the opinion, when his employer became suspicious that he …

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Posted 1 year ago in Crime Your Personal Rights by Aaron Kase  
No Right to Privacy When it Comes to Stolen Property

Word to the wise: In the field of Fourth Amendment protections, individuals have no expectation of privacy when it comes to stolen property. A cell phone thief in San Francisco saw his defense strategy shot down by an appeals court when he tried to argue that police violated his rights by remotely tracking down the phone and arresting him. Lorenzo Barnes robbed a couple at gunpoint near the marina at Fort Mason in 2009 and ran away, according to a …

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Posted 2 years ago in Government by Betsy Kim  
How SmartPhones Invade Your Privacy [Infographic]

Smartphones now collect more information than ever — on users’ locations, contacts, text messages, friends, videogames and websites visited. The Lookout Mobile Security Infographic below indicates 97% of smartphone users agree that privacy on a mobile phone is a top concern. People want to know the types of information collected and to have the ability to control what is shared. This Lawyers.com video explains how certain information from your cell phone is not safe from the government. Check in with …

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Posted 2 years ago in Government Your Personal Rights by Aaron Kase  
Cops Don’t Need Warrant To Swab DNA, Supreme Court Rules

Swabbing a suspect’s cheek for DNA after arrest is a reasonable procedure to aid in identification, just like fingerprinting, the Supreme Court ruled today. In Maryland v. King, the court decided in a 5-4 opinion that police do not need a warrant to collect DNA from people charged with serious crimes. “The Court must give great weight both to the significant government interest at stake in the identification of arrestees and to the unmatched potential of DNA identification to serve …

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