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New Jersey Supreme Court: Cell Phone Users Have Privacy Interest In Cell Phone Location Information

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 lexis.com subscribers ], police were investigating a string of burglaries...

Jay Shapiro on Missouri v. McNeely and the Warrant Requirement in Drunk Driving Cases

The fact pattern is familiar to many criminal defense attorneys: the client is arrested, suspected of driving while intoxicated. The driver refuses to participate in a breathalyzer test and is not willing to voluntarily provide a blood sample. Then, without first obtaining a warrant authorizing the procedure...

The Fourth Amendment Prohibits Carte Blanche Review of Email Accounts by the Government

Those office employees who have rolled the dice and sent emails clearly not suitable for work would be glad to know that their email accounts are protected from government intrusion by the Fourth Amendment [ enhanced version available to lexis.com subscribers ]. United States v. Warshak , 631 F.3d 266...

search warrant and gavel

Supreme Court Prohibits Warrantless Cell Phone Searches Incident to Arrest: While the Fourth Amendment Remains Invariant, Technology Alters the Facts and Legal Conclusions

By David Bender The reduced expectations of privacy caused by an arrest do not mean the Fourth Amendment, [ enhanced version available to lexis.com subscribers ], no longer applies. The United States argued that a search of all data stored on a cell phone is materially indistinguishable from searches...

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

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) [lexis.com subscribers may access Supreme Court briefs and the opinion for this case], the US Supreme Court has issued...

Jay Shapiro on Rodriguez v. United States: The Supreme Court Hears Oral Argument on the Reasonableness of a Traffic Stop Extended for a Canine Sniff

Rodriguez v. United States presents an important issue concerning permissible police conduct during a traffic stop, particularly: after a law enforcement officer has completed a traffic infraction stop, does the continued detention of the driver to conduct a dog sniff, without probable cause or reasonable...