©2018 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) Law Enforcement Must Obtain a Search Warrant in to Order Access Cell Phone Records from Cellular Providers In Carpenter v. United States,[1] the United States Supreme Court considered whether the Fourth Amendment was violated when investigators obtained a court order, rather than a warrant for cellular phone data that allowed investigators to place the defendant Carpenter in the vicinity of 4 robberies, after a co-conspirator confessed to the robberies and identified the involved subjects. At trial, the con-conspirators identified Carpenter as the leader of the pack. The Court outlined the facts [...]

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On January 17, 2018, the Tenth Circuit Court of Appeals decided United States v. Sanchez[i], in which the court discussed whether evidence obtained from the inventory of a rental car driven by an unauthorized driver complied with the Fourth Amendment. The relevant facts of Sanchez, taken directly from the case, are as follows: On November 7, 2015, Utah Highway Patrol Trooper Jared Withers detected a black Dodge Avenger speeding eastbound on Interstate 70 near Green River, Utah. Trooper Withers stopped the speeding vehicle, driven by Defendant. Upon approaching the vehicle, Trooper [...]

©2018 Jack Ryan, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) In a very narrow holding, the United States Supreme Court held that where a municipality has an ongoing dispute with a citizen, such that the policy of the municipality is to retaliate against the citizen, an arrest supported by probable cause may still be actionable as a First Amendment violation. In Lozman v. City of Riviera, the United States Supreme Court delved into an ongoing dispute between the City of Riviera Beach, Florida and one of its citizens, Fane Lozman. The original dispute in this case began when Lozman towed his [...]

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On January 2, 2018, the Eighth Circuit Court of Appeals decided the United States v. Crumble[i], in which the court examined whether a cell phone abandoned in a car after a shootout between criminals was “abandoned” for Fourth Amendment purposes. The relevant facts of Crumble, taken directly from the case, are as follows: On October 21, 2014, at approximately 1:28 p.m., police received reports of shots being fired between two vehicles in St. Paul, Minnesota. Dispatch informed responding officers that one of the vehicles—a tan Buick—had crashed into a house and [...]

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On December 18, 2017, the First Circuit Court of Appeals decided the United States v. Aiken[i], in which the court examined whether a “guest of guest” at a motel room where drugs were likely being sold possesses a reasonable expectation of privacy in the room. The relevant facts of Aiken, taken directly from the case, are as follows: On November 7, 2014, two state troopers and members of the Maine Drug Enforcement Agency ("MDEA") received a tip that individuals who were in room 216 at the Super 8 Motel in Lewiston, [...]

©2018 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On November 2, 2017, the Supreme Court of Georgia of decided the State v. Cohen[i], in which the court explained the legal requirements of the Georgia unlawful surveillance statute. The relevant facts of Cohen, taken directly from the case, are as follows: Mye Brindle worked as a housekeeper and personal assistant to Joe Rogers, who was married. During her employment with Rogers, the two became involved sexually. In June 2012, Brindle hired attorneys David Cohen and John Butters to represent her on a potential claim of sexual harassment. On June 20, [...]