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Tag Archives: Massachusetts Supreme Court

Can Law Enforcement Search A Cell Phone Without A Warrant?

02 Sunday Feb 2014

Posted by Celia C. Elwell, RP in 1st Circuit Court of Appeals, 4th Circuit Court of Appeals, 5th Circuit Court of Appeals, Android Phones, California Supreme Court, Cell Phones, Constitution, Florida Supreme Court, Fourth Amendment - Search & Seizure, Georgia Supreme Court, iPad, iPhones, Legal Technology, Massachusetts Supreme Court, Ohio Supreme Court, Privacy, Tablets, United States Supreme Court

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California Supreme Court, Cell Phones, Fifth U.S. Court of Appeals, First U.S. Court of Appeals, Florida Supreme Court, Fourth Amendment, Fourth U.S. Court of Appeals, Georgia Supreme Court, Kwame Opam, Law Enforcement, Massachusetts Supreme Court, Ohio Supreme Court, Police, Probable Cause, Search and Seizure, Seventh U.S. Court of Appeals, The Verge, U.S. Supreme Court

Supreme Court Will Decide If Warrantless Cellphone Searches Are Constitutional, by Kwame Opam, The Verge

http://tinyurl.com/p7n2oqy

The United States Supreme Court will rule on two cases on whether a warrantless search of cell phones is legal under the Constitution. The U.S. Supreme Court’s decisions will impact Fourth Amendment search and seizure procedures for law enforcement – must police first obtain a search warrant to access the data on an arrestee’s cell phone? May a cell phone and its digital data be used as evidence?

At this time, both federal circuit courts and state supreme courts disagree as to whether the police can search a cell phone without a warrant. The Fourth, Fifth, and Seventh U.S. Court of Appeals, together with the Supreme Courts of Georgia, California, and Massachusetts say yes, they can. The First Circuit Court of Appeals and the Supreme Courts of Florida and Ohio disagree.

The courts are not the only ones paying close attention to the outcome of these two cases. Several organizations and others are concerned about maintaining privacy of digital devices and data. Law enforcement is in favor a final decision allowing warrantless searches on cell phones if there is probable cause.

The Supreme Court may rule as early as April 2014. -CCE

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Judges and Political Campaign Contributions in Pennsylvania.

11 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Appellate Law, Campaign Contributions, Judges, Massachusetts Supreme Court, State Appellate Courts

≈ Comments Off on Judges and Political Campaign Contributions in Pennsylvania.

Tags

Campaign Contributions, Daniel Cummins, Drug and Device Law, James M. Beck, Judges, Judicial Campaigns, Massachusetts Supreme Court, Recusal, Reed Smith, TORT TALK

Campaign Contributions and Judicial Recusal in Pennsylvania, by James M. Beck, Drug and Device Law (with hat tip to Daniel Cummins, TORT TALK)

http://tinyurl.com/kpoy6w8

Have you ever been hammered in court, and then learn that the judge has received large – maybe Texas-sized – political campaign contributions from opposing counsel?  We have, and it’s not a good feeling.

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Changes Expected This Year in Pennsylvania Civil Litigation.

05 Sunday Jan 2014

Posted by Celia C. Elwell, RP in Construction, Expert Witness, Legal Technology, Litigation, Medical Malpractice, Motor Vehicle, Product Liability, Technology, Trial Tips and Techniques

≈ Comments Off on Changes Expected This Year in Pennsylvania Civil Litigation.

Tags

Civil Litigation, Construction Litigation, Daniel E. Cummins, Expert Witness Discovery, Legal Technology, Massachusetts Supreme Court, Medical Malpractice, Motor Vehicle, Pennsylvania Law Weekly, Product Liability Litigation, TORT TALK

Changes Anticipated for Pa. Civil Litigation Jurisprudence in 2014, by Daniel E. Cummins, TORT TALK, republished from Pennsylvania Law Weekly

http://www.torttalk.com/2014/01/article-changes-anticipated-for-pa.html

Currently, there are a number of important civil litigation issues pending before the Pennsylvania appellate courts, the results of which could significantly impact the way litigators practice in the years ahead. Moreover, notable changes over the past year in Pennsylvania statutory law, as well as the Rules of Professional Responsibility, are expected to have a significant impact.

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Pennsylvania joins at least 34 other states by enacting law making apologies for medical errors inadmissible in court.

24 Thursday Oct 2013

Posted by Celia C. Elwell, RP in Health Law, Medical Malpractice, Recent Links and Articles

≈ Comments Off on Pennsylvania joins at least 34 other states by enacting law making apologies for medical errors inadmissible in court.

Tags

Benevolent Gesture, Health Law, Massachusetts Supreme Court, Medical Malpractice

Sorry no longer seems to be the hardest word: Pennsylvania passes Benevolent Gesture Law, by Evidence ProfBlogger, EvidenceProf Blog
http://bit.ly/16xiPM0

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Second Restatement of Torts vs. Third in Product Liability Cases

18 Friday Oct 2013

Posted by Celia C. Elwell, RP in Research

≈ Comments Off on Second Restatement of Torts vs. Third in Product Liability Cases

Tags

Massachusetts Supreme Court, Product Liability, Restatement, Torts

Update on Products Liability Restatement (Second) vs. (Third) Dispute, by Daniel E. Cummins, Tort Talk
http://www.torttalk.com/2013/10/update-on-products-liability.html

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