Remove Affidavits Remove Evidence Remove Technology
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Employer Erred by Downloading Former Employee’s Personal Email; But, Failure to Preserve it Was Not Spoliation; and, There Was a Gap in Employee Handbook Clause Permitting Employer Access Post-Termination

E-Discovery LLC

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. 19, 2021). [1]

Evidence 130
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New Jersey Decision Permits Geofence Warrants Upon a Proper Predicate

E-Discovery LLC

The New Jersey court wrote: In today’s digital world, advances in technology have transformed cell phones from simple communication devices into personal computers. Emerging Technologies 2 (2024); Aaron A. No DNA, fingerprint, or other forensic evidence was recovered from which to identify a suspect. & Intell.

Evidence 130
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Geofence Search Warrant Held Valid

E-Discovery LLC

The police affidavit stated: Based on that information, the affiant requested permission to search Google’s business records for “anonymized DeviceID data” of cell phone users that reported a location within a 100-meter radius of the main residence of the [victim’s] Frederick Road property between April 3 and April 11, 2020.

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Texas Upholds Narrow Geofence Warrant After Melee Resulted in Murder

E-Discovery LLC

All are real life scenarios that illustrate a modern problem: new police technology has the potential to encroach on personal privacy. Radford, Back to the Future: Revising State Constitutions to Protect Against New Technological Intrusions, 81 Wash. & & Lee L. 1641, 1643-44 (Fall, 2024).

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En Banc Fourth Circuit Geofence Decision is Splintered

E-Discovery LLC

In this case, Detective Hylton swore an affidavit for a geofence warrant for Google users location history. The Fourth Amendment does not require allowing criminals to take advantage of cutting-edge technologies while preventing the government from doing the same. Technology enables the lawbreaker. Courts disable the government.

Precedent 130
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The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

3 Geeks and a Law Blog

Isha Marathe , a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe.