Fourth Circuit

Email monitoring of deployed troops not subject to Fourth Amendment – Fourth Circuit

By / February 1, 2016

Aikens v. Ingram. Aikens, a N.C. National Guard member, sued under 42 USC 1983, claiming that two officers had violated his Fourth Amendment rights by monitoring his emails. At the time, Aikens was deployed, using a Department of Defense computer. The defendants allegedly monitored his emails in order to find incriminating correspondence that they could …

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Oral argument today in Rowan County, NC legislative prayer case (Briefs) – Fourth Circuit

By / January 27, 2016

Today, the Fourth Circuit will hear oral arguments in Lund v. Rowan County. The County is appealing the decision of the Middle District of North Carolina, which ruled the County’s public prayer practice unconstitutional under the Establishment Clause of the First Amendment. The crux of the issue: is the County’s practice government prayer that coerces the audience toward …

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Elonis requires intent instruction under 18 USC 875 – Fourth Circuit

By / January 19, 2016

US v. White. White was convicted of three counts of violating 18 U.S.C. 875(b) for sending threats in interstate commerce with an intent to extort, and one lesser included offense under 18 U.S.C. 875(c) for sending threats without the intent to extort. White appealed the conviction, arguing, among other theories, that the trial court erred in its …

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Police can’t lie about having a search warrant – Fourth Circuit

By / December 23, 2015

US v. Rush. These excerpts say really everything you need to know: A law enforcement officer knowingly lied to Defendant Kenneth Rush by claiming that he had a warrant to search the apartment where Defendant was staying when no warrant in fact existed. . . . On appeal, Defendant argues that the evidence should have …

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Fourth Circuit affirms dismissal of frivolous $4 Billion copyright claim

By / December 19, 2015

Chambers v. Amazon. Unpublished. So, this case isn’t setting any precedent. It’s not going to make a casebook any time soon. But it is fun interesting. Roland Chambers, Jr., appealed the district court’s order dismissing his copyright infringement lawsuit. Chambers sued Amazon, Apple, CD Baby and others. He claimed (sort of) that each was liable …

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Search results, directory listings are not ‘representations’ under the Lanham Act – Fourth Circuit

By / December 7, 2015

Baldino’s Lock & Key Service, Inc. v. Google, Inc.. Unpublished. A locksmithing company sued Google and others for publishing the names, addresses and phone numbers of unlicensed locksmiths on their websites in order to gain advertising revenue. The locksmith argued, among other things, that this practice violated the Lanham Act, which creates a private right of action for corporate …

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A victory for LexisNexis under the FCRA – Fourth Circuit

By / December 5, 2015

Berry v. LexisNexis Risk and Information. The Fourth Circuit has handed down an appellate win for Lexis and other major data collectors involved in class litigation and seeking to minimize their financial liability. Class action plaintiffs alleged that Lexis failed to follow the protections under the Fair Credit Reporting Act, which requires certain protections for …

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Civil Computer Fraud and Abuse Act, ECPA award, attorneys fees, affirmed – Fourth Circuit

By / November 23, 2015

Tech Systems, Inc. v. Pyles. Unpublished opinion. Pyles argued that the district court erred in, among other things, denying her motion as to violations of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030 (2012) and the Electronic Communications Privacy Act (“ECPA”), 18 U.S.C. § 2701 (2012). The Fourth Circuit disageed. The CFAA …

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High court declines to hear cell-site data case – SCOTUS

By / November 11, 2015

I have previously written about the Fourth Circuit’s decision in US v. Graham, in which the divided court concluded that extended cell-site data could not be admitted without a warrant – and splitting from other circuits. I’ve also previously written about State v. Perry, in which the N.C. Court of Appeals concluded no warrant was …

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A single cell phone photo insufficient to show intent under 18 U.S.C. § 2251(a) – Fourth Circuit

By / November 6, 2015

US v. Palomino-Coronado. Let’s get something out of the way: the Defendant-Appellant is a bad guy. Facts are clear that he repeatedly raped his seven year old neighbor. The appeal does not argue otherwise. Instead, the appeal argues that the statute under which Palomino-Coronado was convicted, 18 U.S.C. § 2251(a), has a specific intent requirement. The statute …

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