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“A Search Is a Search”: Scanning a Credit, Debit, or Gift Card Is a Search Under the Fourth Amendment

On May 18, 2017, the U.S. Court of Appeals for the First Circuit, in United States v. Hillaire, joined the Fifth, Sixth, and Eighth circuits in holding that the government’s act of scanning the magnetic stripes of lawfully seized credit, debit, or gift cards to access the information encoded therein is not a search within the meaning of the Fourth Amendment. In each case, the...

But See Kohlheim: The Third Circuit Muddies the Water on the Compensability of Employee Meal Periods under the Fair Labor Standards Act in Babcock v. Butler County

employees . . . The fact that §[ 785 .19] contains some broad language . . . not found in the regulation applicable to law enforcement employees also supports our conculPreferred Citation: John A . LeBlanc