Cell Phones

The ongoing court battle over warrantless cell phone location tracking continues and the latest decision is another setback for the Fourth Amendment. The Fifth Circuit Court of Appeals held that individuals have no reasonable expectation of privacy over their location data. The decision states that location data is a “business record” created by private companies with the implicit consent of cell phone users and therefore are not subject to privacy protections.

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Howard Dean

* Everything’s bigger in Texas, including the legal wrangling: Eric Holder’s use of the VRA’s “bail in” provision to circumvent the SCOTUS ruling in Shelby may prove to be trouble. [National Law Journal]

* The Fifth Circuit upheld warrantless cellphone tracking yesterday, noting that it was “not per se unconstitutional.” We suppose that a per se victory for law enforcement is better than nothing. [New York Times]

* The pretty people at Davis Polk are fighting a $1.4 million suit over a headhunter’s fee with some pretty ugly words, alleging that the filing “fails both as a matter of law and common sense.” [Am Law Daily]

* Howard Dean is rather annoyed that he’s had to go on the defensive about his work for McKenna Long & Aldridge after railing against Obamacare. Ideally, he’d just like to scream and shout about it. [TIME]

* The ABA is concerned about Florida A&M, and sent a second warning about the school’s imminent failure to meet accreditation standards. Well, I’ll be damned, the ABA actually cares. [Orlando Sentinel]

* Pennsylvania Governor Tom Corbett is suing to prevent a clerk from issuing marriage licenses to gay couples. A silly little lawsuit won’t stop this guy from doing what he thinks is right. [Legal Intelligencer]

[UPDATE (9/5/2013, 11:30 p.m.): The charges discussed in this story have been expunged.]

If I may be so bold, I have an idea for a new class to be taught at UVA School of Law. It would be called “Use Your Words,” and it would go over the proper way for lawyers and law students to address police officers.

I’d teach the class at 2:00 a.m. That way the students could get in the habit of addressing people with respect even while they are intoxicated.

They could use the training. A couple of years ago, a UVA law student found herself accused of spitting on the police after a night of drinking (although the charges were ultimately dropped). More recently, a UVA Law alum and DLA Piper partner, Laura Flippin, did use her words about her own intoxication — she just allegedly didn’t use truthful ones, while under oath.

Today, we’ve got another UVA law student who allegedly didn’t use her words with the police; instead, she used her phone. No, not in the way you’re thinking….

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