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Digital Searches and Seizures: Overview of Proposed Amendments to Rule 41 of the Rules of Criminal Procedure

Description: This report provides a brief overview of the proposed amendment to Rule 41, which would amend the federal search and seizure rules to permit the government to remotely access electronic devices although the location of the device may be unknown. First, the report provides a background on the origin of, and rationale underlying, the proposed amendment and a description of the rule as currently written. Second, it reviews the potential changes made by the proposed amendment and will survey various concerns commenters have raised with the proposal. Lastly, this report addresses efforts being made in Congress to alter, delay, or stop this rule change.
Date: September 8, 2016
Creator: Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department

Border Searches of Laptop Computers and Other Electronic Storage Devices

Description: This report discusses a developing issue in the law of search and seizure: whether the Fourth Amendment of the U.S. Constitution permits warrantless searches of the content of laptop computers and other electronic storage devices at U.S. borders. The federal courts that have addressed this issue have held that the border search exception to the Fourth Amendment applies to these searches, making warrantless searches permissible.
Date: November 17, 2008
Creator: Kim, Yule & Henning, Anna C.
Partner: UNT Libraries Government Documents Department

Border Searches of Laptop Computers and Other Electronic Storage Devices

Description: This report discusses a developing issue in the law of search and seizure: whether the Fourth Amendment of the U.S. Constitution permits warrantless searches of the content of laptop computers and other electronic storage devices at U.S. borders. The federal courts that have addressed this issue have held that the border search exception to the Fourth Amendment applies to these searches, making warrantless searches permissible.
Date: July 28, 2009
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department

Supreme Court Drives Home Its Concern for Privacy in Collins v. Virginia

Description: This report discusses the Collins decision and its potential implications for Fourth Amendment law. Facing a clash between two well-established Fourth Amendment doctrines--the primacy of the home in Fourth Amendment case law versus the "automobile exception" to the Amendment's warrant requirement--the Supreme Court in Collins v. Virginia ultimately came down on the side of protecting privacy within the home and its adjoining property.
Date: June 26, 2018
Creator: Hanna, Jillian C.
Partner: UNT Libraries Government Documents Department

UPDATE: Supreme Court Takes Fourth Amendment Case about Cell Phone Location Data

Description: This report provides an update to a June 2017 report on the Carpenter v. United States case on government collection of cell phone location information. On June 22, 2018, the Supreme Court held in a 5-to-4 decision in Carpenter v. United States that government acquisition of historical cell site location information (CSLI) constitutes a Fourth Amendment search. The Court further held that the government needs a warrant supported by probable cause.
Date: June 26, 2018
Creator: Harrington, Ben
Partner: UNT Libraries Government Documents Department

Digital Searches and Seizures: Overview of Proposed Amendments to Rule 41 of the Rules of Criminal Procedure

Description: This report provides a brief overview of the proposed amendment to Rule 41, which would amend the federal search and seizure rules to permit the government to remotely access electronic devices although the location of the device may be unknown. First, the report provides a background on the origin of, and rationale underlying, the proposed amendment and a description of the rule as currently written. Second, it reviews the potential changes made by the proposed amendment and will survey various concerns commenters have raised with the proposal. Lastly, this report addresses efforts being made in Congress to alter, delay, or stop this rule change.
Date: June 27, 2016
Creator: Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department

Digital Searches and Seizures: Overview of Proposed Amendments to Rule 41 of the Rules of Criminal Procedure

Description: This report provides a brief overview of the proposed amendment to Rule 41. First, it provides a background on the origin of, and rationale underlying, the proposed amendment and a description of the rule as currently written. Second, it reviews the potential changes made by the proposed amendment and will survey various concerns commenters have raised with the proposal. Lastly, this report addresses efforts being made in Congress to alter, delay, or stop this rule change.
Date: June 29, 2016
Creator: Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department

Protecting the U.S. Perimeter: Border Searches Under the Fourth Amendment

Description: This report first outlines the statutes authorizing certain federal officers to conduct warrantless searches. It then addresses the scope of the government's constitutional authority to search and seize persons and property at the border. It also describes the varying levels of suspicion generally required for each type of border search as interpreted by the courts. Finally, this report lists several bills before the 111th Congress that address border searches. This report does not address interior searches and seizures performed by immigration personnel since they are not traditional "border searches."
Date: June 29, 2009
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department

Protecting the U.S. Perimeter: "Border Searches" Under the Fourth Amendment

Description: This report addresses the scope of the government's authority to search and seize individuals at the border pursuant to the constitutional framework that encompasses the border search exception to the warrant and probable cause requirements of the Fourth Amendment. This report also describes the varying levels of suspicion generally associated with each type of border search as interpreted by the courts. In addition, this report highlights some of the border security recommendations made by the 9/11 Commission and legislative actions taken in the 108th, 109th, and 110th Congresses.
Date: June 27, 2008
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department

Herring v. United States: Extension of the Good-Faith Exception to the Exclusionary Rule in Fourth Amendment Cases

Description: In Herring v. United States, a 2009 decision, the Supreme Court for the first time applied the good-faith exception to bar application of the exclusionary rule in a case involving police error regarding a warrant. This report discusses the Court's current Fourth Amendment jurisprudence and the legal implications.
Date: February 2, 2009
Creator: Henning, Anna C.
Partner: UNT Libraries Government Documents Department