A Search Warrant Is Moored to Privacy Concepts
- August 6, 2016
- Clayton Rice, K.C.
On July 14, 2016, the United States Court of Appeals for the Second Circuit in New York City released its opinion in Microsoft v United States, Docket No. 14-2985, holding that Microsoft Corporation could not be forced to produce email…
Privacy Means More Than Control
- July 28, 2016
- Clayton Rice, K.C.
On July 8, 2016, the Ontario Court of Appeal released its split 2-1 ruling in R v Marakah, 2016 ONCA 542 that a sender does not have an objectively based reasonable expectation of privacy in a text message received by…
Cell Phones Are Not Tracking Devices
- July 16, 2016
- Clayton Rice, K.C.
On August 27, 2015, a DEA technician entered a building in the Washington Heights neighbourhood of New York City with a Stingray device that led him to Raymond Lambis’ apartment. Agents then knocked on the door. Lambis was home. He…
Lifeline to the Outside World
- July 10, 2016
- Clayton Rice, K.C.
On June 25, 2010, Eneido Pino came out of the house at 21 St. Claire Avenue in Ottawa and put a box in the trunk of her car while the police, armed with a search warrant, had it under surveillance….
Canaries in the Coal Mine: A Dissent That Matters
- July 2, 2016
- Clayton Rice, K.C.
On June 20, 2016, the Supreme Court of the United States released its split 5-3 ruling in Utah v Strieff, 579 US _ (2016) holding that evidence seized during an unlawful police stop is admissible at trial when an outstanding…