Criminal Law and Procedure

Recent Posts

Supreme Court Prohibits Warrantless Cell Phone Searches Incident to Arrest: While the Fourth Amendment Remains Invariant, Technology Alters the Facts and Legal Conclusions
Posted on 22 Jul 2014 by David Bender

By David Bender The reduced expectations of privacy caused by an arrest do not mean the Fourth Amendment, [ enhanced version available to subscribers ], no longer applies. The United States argued that a search of all data stored on a... Read More

Jay Shapiro on Riley v. California and United States v. Wurie: Supreme Court Determines Legality of Cell Phone Searches Incident to Arrest
Posted on 7 Aug 2014 by Jay Shapiro

In Riley v. California and United States v. Wurie, ( David Leon Riley v. State of California , No. 13-132, United States v. Brima Wurie , No. 13-212, U.S. Sup.; 2014 U.S. LEXIS 4497) [ subscribers may access Supreme Court briefs and the opinion... Read More

New Jersey Supreme Court: Cell Phone Users Have Privacy Interest In Cell Phone Location Information
Posted on 13 Aug 2013 by Peter J. Gallagher

The New Jersey Supreme Court has ruled that police cannot access the location information revealed by your cell phone without first acquiring a warrant based on probable cause. In State v. Earls , [ enhanced version available to subscribers... Read More