Latest in Fourth Amendment

Fourth Amendment

Supreme Court Grants Certiorari in Carpenter v. United States

The Supreme Court has granted a writ of certiorari in Carpenter v. United States, agreeing to review the decision by the U.S. Court of Appeals for the Sixth Circuit holding that the Fourth Amendment permits the government to permissibly access cell-site records revealing the user's location without a warrant. The case implicates serious ongoing debates over Fourth Amendment jurisprudence and will likely make for a major Supreme Court decision.

Fourth Amendment

Second Circuit Grants Rehearing in United States v. Ganias

Last summer, in United States v. Ganias, a Second Circuit panel held that the government violated the Fourth Amendment when, for two-and-a-half years, it retained digital copies of files that were outside the scope of an initial warrant and then used those files in a subsequent investigation.  Applying the exclusionary rule, the Second Circuit panel vacated the defendant’s conviction.  But just last week, however, the Second Circuit sua sponte granted an en banc rehearing on not only the application of the exclusionary rule but also on the Fourth Amendment question.  

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