Evidence, Warrantless Searches

The Eleventh Circuit Court of Appeals: Some Student Cell Phone Searches do not Violate Clearly Established Law

Clark Hill PLC on 4/9/2019

The Eleventh Circuit Court of Appeals recently confirmed school officials’ governmental immunity in a Fourth Amendment challenge to a search of one high school student’s cell phone....more

If You Don’t Need It, Don’t Pack It: Border Searches of Mobile Devices

Dickinson Wright on 3/21/2018

Currently there are a number of pending cases concerning the issue of whether Border searches can include a search of someone’s cellphone. On March 15, 2018, a divided 11th Circuit Court, upheld the conviction of a Florida...more

Circuit Sidesteps Interesting Suppression Questions in Body-Packing Case

Patterson Belknap Webb & Tyler LLP on 10/9/2017

The Second Circuit issued a published opinion on September 11, 2017 in United States v. Pabon, No. 16-1754 (Cabranes, Livingston, Pauley), a case arising from an interesting set of facts involving the warrantless arrest of...more

Privacy and The Cell Phone: Arizona Says Yes

Snell & Wilmer on 9/16/2016

Arizona recently recognized a “legitimate expectation of privacy” in cell phones. The case was State v. Peoples, and the opinion was issued on September 12, 2016. The Peoples case was about the police’s search of a cell...more

Searching Student Smart Phones in The Wake of Riley V. California

Pullman & Comley - School Law on 11/5/2014

In the recent, landmark case of Riley v. California, the United States Supreme Court held that the police may not search digital data on the cell phone of an arrestee without a warrant, reasoning that smart phones not only...more

Maryland v. King: Possibly The Most Important Criminal Procedure Case in Decades

Snell & Wilmer on 3/19/2014

Many Supreme Court observers, including no less than Justice Samuel Alito himself, have described Maryland v. King as perhaps the most important criminal procedure case that the Court has decided in decades. While this may...more

Warrantless Cell Phone Searches – A Look at the Case Law

Mintz - Privacy & Cybersecurity Viewpoints on 5/14/2013

When a person is arrested with a cell phone, law enforcement officers will likely want to search the phone’s contents. Today’s smart phones are a treasure trove of contacts, calendars, voice and text messages, e-mail,...more

BB&K Police Chief Bulletin: Search of Vehicle “Black Box" - Admissible Evidence Captured by Vehicle’s Sensing Diagnostic Module

Best Best & Krieger LLP on 3/15/2013

Overview: A California appellate court recently upheld the admission of evidence obtained from the sensing diagnostic module (SDM) of a vehicle impounded after a fatal crash. The SDM decides whether to deploy air bags based...more

Evidence › Warrantless Searches

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