Fourth Circuit

Fourth Circuit affirms wiretap evidence (unpublished)

US v. Amir Faraz. Amir Ali Faraz was convicted of conspiracy to distribute and possess with intent to distribute 1 kilogram or more of heroin and 100 kilograms or more of marijuana, two counts of possession with intent to distribute heroin, four counts of use of a communication facility to facilitate narcotics trafficking, and interstate travel with intent to promote drug trafficking. He …

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Fourth Circuit in Raleigh this Week

The Fourth Circuit will hear oral arguments this week at Campbell Law School here in Raleigh. They’ll hear three cases at the school. Among them, Melanie Lawson v. Union County Clerk, which asks the question: Does a government official’s termination of a deputy court clerk for campaigning for office of clerk violate the First Amendment? Argument will …

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Employers’ Incidental Observance of Organizing Activity During Leafleting is Not Unlawful Surveillance – Fourth Circuit

NLRB v. Intertape Polymer Corp. This is a labor case, an appeal from the National Labor Relations Board (NLRB). But, this is also a First Amendment case, and hence its inclusion here. The NLRB concluded Intertape had violated the Naitonal Labor Relations Act (NLRA). There were three supposed violations: unlawful interrogation of an employee, unlawful …

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Friendly Reminder: Make Objections – Fourth Circuit

Riley v. Bartlett. In this unpublished opinion, the Fourth Circuit gives us all a nice reminder that you have to object to a magistrate’s recommendation to later have it reviewed on appeal. This is not a remarkable order, really. But, it’s a good reminder: The timely filing of specific objections to a magistrate judge’s recommendation is …

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Access to Extended Cell-Site Records Requires Warrant – Fourth Circuit

US v. Graham. The Fourth Circuit ruled that when the government inspects a cell phone user’s historical cell-site location information for an extended period pf time, it must get a warrant under the Fourth Amendment. The Circuit Court split with the Fifth and Eleventh Circuits, which have said that no warrant is required, paving the way …

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