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Constitutional Law

Selected Works

2011

Fourth Amendment

Articles 1 - 3 of 3

Full-Text Articles in Law

Supreme Court § 1983 Decisions-October 2008 Term, Martin A. Schwartz Jun 2011

Supreme Court § 1983 Decisions-October 2008 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz Jun 2011

Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald Dec 2010

Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald

Susan Freiwald

In a significant ruling in the fall of 2010, the Third Circuit Court of Appeals rejected the government’s claim that it could compel cell phone service providers to disclose customer records that indicate the cell towers with which a cell phone has communicated (cell phone location information or CSLI) without obtaining a warrant based on probable cause. In a break with past decisions, the court rejected application of a “third party rule,” under which cell phone users are seen to assume the risk that their providers will disclose location data without the protections of a warrant requirement. The court, however, …