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The Curious Lawyer: Bill of Rights - The Fourth Amendment


Level: Intermediate
Runtime: 62 minutes
Recorded Date: June 03, 2023
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Agenda

• Unreasonable Searches & Seizures
        - Home, car, phone, person, school, and digital devices/data
        - Thermal tracking, GPS data, cell phone pings in the modern digital world
• Warrant and probable cause
        - Plain view/search incident to arrest/exigent circumstances/hot pursuit
• Remedies for violations – exclusionary rule intersects rulings
• Litmus test of reasonable expectation of privacy and modern technologies... 
• SCOTUS holdings in the major areas
        - Weeks (1914), Olmstead (1928), Katz (1967), Terry (1968), etc.
        - Modern technologies, cell phones, long-term pole surveillance, data reconstruction...          - Examples of abortion-related prosecutions based on device Google searches
        - Even Jimmy Hoffa may be of import to our modern technology world...


For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

Does the Fourth Amendment - which prohibits unreasonable searches and seizures - bar law enforcement agencies from using online search histories, text messages, thermal tracking, GPS data or cellular phone pings to find and prosecute individuals?

In the latest installment of “The Curious Lawyer” series, Peter Afrasiabi takes a deep dive into each of the ten amendments in the Bill of Rights, reminding us what each amendment protects and illustrating its impact on the other constitutional protections we enjoy. Whether you are a budding constitutional scholar or simply looking for interesting facts to share at a cocktail party, the Bill of Rights series is for you.

This program was recorded on June 3rd, 2023.

Provided By

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Panelists

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Peter Afrasiabi

Founding Partner
One LLP

Peter Afrasiabi is a founding partner at One, LLP, and focuses his practice on copyright, patent, trademark and entertainment litigation. In addition, Peter is a professor and the Director of the Appellate Clinic at University of California, Irvine School of Law.

Peter graduated from University of California, Los Angeles and University of Southern California Gould School of Law.


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