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December 2015 Archives

Facebook (& Social Media) As A New Method of Service

The notion that a defendant in a suit must have notice of a proceeding against him or her is fundamental to our justice system. To ignore the notice requirement would be a clear violation of our Constitutional right to due process. However, this essential rule makes things tricky when the defendant is intentionally avoiding service.

WHAT DO YOU DO IF THE POLICE OR GOVERNMENTAL AGENCY SHOWS UP AT YOUR BUSINESS SEEKING RECORDS?

Recently, the United States Supreme Court in a 2015 opinion stated there are only four businesses that come from such a highly regulated governmental oversight position that there is no reasonable expectation of privacy for the records of that business. Those businesses are an automobile junk yard, liquor sales, firearms dealing, and mining. If your business is not one of the four listed, it is apparent that you have the right to have a magistrate or judge rule that the police or administrative body has a reasonable right to examine your records and without a warrant signed by a judge or magistrate, you have the absolute right to deny entry to your business and/or any requirement that you produce the records requested.