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Archives for: October 29th, 2013

We don’t need no stinking warrant

Written by Moses & Rooth on October 29, 2013

I vividly remember sitting in Professor Fletcher Baldwin’s Criminal Procedure at the University of Florida and learning about the warrant requirements of the Fourth Amendment.  I seem to recall that without a warrant searches are presumed to be invalid.  The issuance of a search warrant requires probable cause which must…Read More

The Government Is Watching

Written by Moses & Rooth on October 22, 2013

On July 30, 2013, a dividing U.S. Court of Appeals for the Fifth Circuit ruled that authorities do not need a warrant to obtain records detailing a cellphone location. The Court conducted a full evaluation of the Fourth Amendment rights in these circumstances.  The authorities will have to obtain a…Read More